Pritam S/O Babarao Khadse vs The State Of Maharashtra Through ...
2023 Latest Caselaw 10616 Bom

                                             1                                  caf2911.2022..odt

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

                       CIVIL APPLICATION (CAF) NO. 2911 OF 2022
              (Pritam s/o. Babrao Khadse....Versus.... The State of Maharashtra and others)
-------------------------------------------------------------------------------------------------------
Office Notes, Office Memoranda of                         Court's or Judge's Order
Coram, appearances, Court's Orders
or directions and Registrar's order
-------------------------------------------------------------------------------------------------------
                          Mr. I.A. Shaikh, Advocate for appellant.
                          Ms. M. Naik, AGP for respondent Nos. 1 and 2/State.

                                            CORAM : G. A. SANAP, J.

DATED : OCTOBER 12, 2023

1. Heard learned advocate for the applicant/appellant and learned AGP for the respondent Nos. 1 and 2/State . Though respondent No. 3 served, is absent.

2. This is an application for condonation of 578 days delay caused in filing the appeal against the judgment dated 28 th September, 2018.

3. Learned AGP for respondent Nos. 1 and 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 owner/claimant/appellant submits that the Court may pass an appropriate order.

2 caf2911.2022..odt

5. In view of the above, the application is allowed. Delay of 578 days caused in filing the appeal 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. 11098 OF 2022

1. Heard. Admit.

2. Issue notice to the respondents returnable within twelve weeks.

3. Learned AGP waives service of notice for respondent Nos. 1 and 2.

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 18:30:40