Dhanraj Nakul Patil vs State Of Maharashtra Through ...
2023 Latest Caselaw 9501 Bom

                                          1                                    40a caf2466.22.odt


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

                     CIVIL APPLICATION (CAF) NO. 2466 OF 2022
                                       IN
                        FIRST APPEAL ST. NO. 13655 OF 2022
                                 DHANRAJ NAKUL PATIL
                                        VERSUS
                STATE OF MAH., THRU. COLLECTOR, YAVATMAL 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/applicant
                          Mr. M. A. Kadu, A. G. P. for respondent No.1 and 2
                          Mr. U. A. Gosavi, Advocate for respondent no.3
                          Mr. D. M. Kakani, Advocate for respondent no.4

                                  CORAM : G. A. SANAP, J.

DATE : SEPTEMBER 11, 2023.

1. Heard learned advocates for the parties.

2. This is an application for condonation of 714 days delay caused in filing appeal against impugned judgment and award, dated 21.06.2018 passed by the Reference Court. The reasons have been stated in the application.

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 owners/claimants/ appellants herein shall not be entitled to get any statutory benefits, including the interest payable under the Land Acquisition Act, 1894 on the enhanced amount of compensation for the delayed period.

2 40a caf2466.22.odt

4. Learned advocate for the applicant/appellant submits that the Court may pass an appropriate order.

5. In view of the above, the application is allowed. Delay of 714 days caused in filing appeal stands condoned.

6. It is made clear that the original land owners/ claimants/appellants herein shall not be entitled to get any statutory benefits, including the interest payable under the Land Acquisition Act on the enhanced amount of compensation for the delayed period of 714 days, in case the appeal is allowed.

7. The appeal be registered.

8. The application stands disposed of, accordingly.

First Appeal St. No. 13655 of 2022

1. Heard learned advocate for the appellant.

2. ADMIT.

3. Learned Assistant Government Pleader waives service of notice on behalf of respondent nos.1 and 2.

4. Mr. U.A. Gosavi, learned advocate waives service of notice on behalf of respondent no.3

5. Mr. D.M.Kakani, learned advocate waives service of notice on behalf of respondent no.4.

6. Call for the record and proceedings.

7. Private paper book be filed within twelve week from receipt of the record and proceedings.

JUDGE Diwale

Signed by: DIWALE Designation: PS To Honourable Judge Date: 12/09/2023 19:19:05