Shri Mohan Mahadeo Gholhar vs The State Of Maharashtra Through ...
2023 Latest Caselaw 10617 Bom

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

                       CIVIL APPLICATION (CAF) NO. 1861 OF 2022
              (Mohan Mahadeo Gholhar....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. Naresh Jibhkate, Advocate for appellant.
                          Mr. T.H. Udeshi, 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 applicant/appellant, learned AGP for the respondent Nos. 1 and 2/State. Though served, respondent No. 3 is absent.

2. This is an application for condonation of 539 days delay caused in filing the appeal against the judgment and order dated 11.6.2018.

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.

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5. In view of the above, the application is allowed. Delay of 539 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. 2129 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 record and proceedings.

5. Private paper book shall be filed within the period of 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 18:28:43