Bombay High Court
Shamrao S/O Sopan Bondade vs The State Of Maharashtra Through ... on 11 September, 2023
Bench: G. A. Sanap
2023:BHC-NAG:13510
1 23 caf2662.23.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
: NAGPUR BENCH : NAGPUR.
CIVIL APPLICATION (CAF) NO. 2662 OF 2023
IN
CIVIL APPLICATION (CAF) NO. 2684 OF 2021
IN
FIRST APPEAL ST. NO. 26089 OF 2019
SHAMRAO S/o SOPAN BONDADE
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. S. S. Nemade, Advocate for the appellant/applicant
Ms. H. N. Jaipurkar, A. G. P. for respondent nos.1 and 2
CORAM : G. A. SANAP, J.
DATE : SEPTEMBER 11, 2023.
1. Heard.
2. This is an application for setting aside the order of
dismissal of the appeal against respondent no.3, dated
22.08.2023.
3. The reasons have been stated in the application. The
reasons, in my view, are sufficient to grant the application.
4. Accordingly, the application is allowed. The order
dated 22.08.2023 passed by Registrar (Judicial) is set aside.
The appeal is restored against respondent no.3.
5. The application stands disposed of.
Civil Application (CAF) No. 2684 of 2021
1. Heard learned advocates for the parties.
2. This is an application for condonation of 1313 days
delay caused in filing appeal against impugned judgment
and award, dated 17.02.2016 passed by the Reference
2 23 caf2662.23.odt
Court. The reasons have been stated in the application.
3. Learned AGP for respondent nos.1 and 3, 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.
4. Learned advocate for the applicants/appellants
submits that the Court may pass an appropriate order.
5. In view of the above, the application is allowed.
Delay of 1313 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 1313 days, in case
the appeal is allowed.
7. The appeal be registered.
8. The application stands disposed of, accordingly.
First Appeal St. No. 26089 of 2019
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.
3 23 caf2662.23.odt
4. Notice to respondent no.3, returnable within eight
weeks.
5. Call for the record and proceedings.
6. Private paper book be filed within twelve weeks from
receipt of the record. If the paper book is not filed within
the prescribed period, then the appeal shall stand dismissed
without reference to the Court.
JUDGE
Diwale
Signed by: DIWALE
Designation: PS To Honourable Judge
Date: 12/09/2023 11:14:20
