Yashodabai Namdeo Adhagale ... vs The State Of Maharashtra Through ...
2023 Latest Caselaw 10610 Bom

                                             1                                  caf1786.2022..odt

                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                            : NAGPUR BENCH : NAGPUR.

                       CIVIL APPLICATION (CAF) NO. 1786 OF 2022
             (Yashodabai Namdeo Adhagale ....Versus...The State of Maharashtra and others.)
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Office Notes, Office Memoranda of                         Court's or Judge's Order
Coram, appearances, Court's Orders
or directions and Registrar's order
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                          Mr. V.N. Patre, Advocate for the appellant.
                          Mr. M.A. Kadu, Advocate for respondent No.2.
                          Ms. T.H. Udeshi, AGP for respondent Nos. 1 & 3.

                                            CORAM : G. A. SANAP, J.

DATED : OCTOBER 12, 2023

1. Heard learned advocate for the applicant/appellant, learned AGP for the respondent Nos. 1 & 3/State and learned advocate for respondent No. 2.

2. This is an application for condonation of 4619 days delay caused in filing the appeal against the judgment and award dated 24.4.2007.

3. Learned AGP for respondent Nos. 1 and 3 and learned advocate for respondent No. 2, relying upon a decision in the case of New Okhla Industrial Development Authority Vs. Rameshwar @ Ramesh Chandra Sharma (Dead) through Legal Heir and another (2022 SCC OnLine SC 1599), submits that delay may be condoned, subject to condition that the original land owner/claimant/appellant herein shall not be entitled to any statutory benefits, including the interest payable under the Land Acquisition Act, 1894 on the enhanced amount of compensation for the delayed period.

4. Learned advocate for the applicant/appellant submits that 2 caf1786.2022..odt

the Court may pass an appropriate order.

5. In view of the above, the application is allowed. Delay of 4619 days caused in filing the appeal against is condoned, subject to condition that the original land owner/claimant/appellant herein shall not be entitled to any statutory benefits, including the interest payable under the Land Acquisition Act on the enhanced amount of compensation for the delayed period.

6. Appeal be registered, after removing the office objections, if any.

7. The application is disposed of.

FIRST APPEAL STAMP NO. 2594 OF 2022

1. Heard. Admit.

2. Issue notice to the respondents.

3. Learned AGP waives service of notice for respondent Nos. 1 and 3/State. Learned advocate Mr. M.A. Kadu, waives service for respondent No.2.

4. This being a covered matter as submitted by learned advocate for appellant, the learned advocate for appellant shall file list of remaining covered matters and shall also supply copy to the other side.

5. List this appeal on 18.10.2023.

JUDGE Belkhede

Signed by: Mr. R. S. Belkhede Designation: PA To Honourable Judge Date: 13/10/2023 18:44:14