Rajani Ravindra Deshmukh And ... vs The State Of Maharashtra Through ...
2023 Latest Caselaw 9628 Bom

2023:BHC-NAG:13705



                                                       1                                  caf900.2023..odt

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

                                    CIVIL APPLICATION (CAF) 900 OF 2023
                 (Rajani Ravindra Deshmukh and others...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. S.G. Varshani, Advocate for the appellants.
                                   Mr. M.A. Kadu, AGP for respondent Nos. 1 and 2.

                                                     CORAM : G. A. SANAP, J.

DATED : SEPTEMBER 13, 2023

1. Heard learned advocate for the applicants/appellants and learned AGP for the respondent Nos. 1 and 2/State.

2. This is an application for condonation of 433 days delay caused in filing the appeal against the judgment and award dated 10th April 1919.

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 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 433 days caused in filing the appeal against the judgment and award dated 10th April 1919 is condoned, subject to condition that the original land owners/claimants/appellants herein shall 2 caf900.2023..odt

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.

JUDGE Belkhede

Signed by: Mr. R. S. Belkhede Designation: PA To Honourable Judge Date: 14/09/2023 15:25:01