Sahebrao Pundlikrao Nagpure ... vs State Of Maharashtra Through The ...
2023 Latest Caselaw 10613 Bom

                                             1                                  caf2515.2022..odt

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

                       CIVIL APPLICATION (CAF) NO. 2515 OF 2022
      (Sahebrao Pundlikrao Nagpure and others....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. S.V. Ingole, Advocate for appellants.
                          Ms. Prachi Joshi, AGP for respondent Nos. 1 and 2/State.
                          Mr. M.A. Kadu, Advocate for respondent No. 3.

                                            CORAM : G. A. SANAP, J.

DATED : OCTOBER 12, 2023

1. Heard learned advocate for the applicants/appellants, learned AGP for the respondent Nos. 1 and 2/State and learned advocate for respondent No.3.

2. This is an application for condonation of 689 days delay caused in filing the appeal against the judgment and award dated 18nd December, 2017.

3. Learned AGP for respondent Nos. 1 to 3 and the learned advocate for respondent No. 4, 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 owners/claimants/appellants 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 owners/claimants/appellants 2 caf2515.2022..odt

submits that the Court may pass an appropriate order.

5. In view of the above, the application is allowed. Delay of 689 days caused in filing the appeal is condoned, subject to condition that the original land owners/claimants/appellants 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. 2799 OF 2020

1. Heard. Admit.

2. Issue notice to the respondents.

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

4. Call for record and proceedings.

5. Paper book be filed within twelve weeks from the date of receipt of record.

JUDGE Belkhede

Signed by: Mr. R. S. Belkhede Designation: PA To Honourable Judge Date: 13/10/2023 18:42:06