Sahebrao Mahadeorao Ingole vs The State Of Maharashtra Through ...
2023 Latest Caselaw 9631 Bom

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

                          CIVIL APPLICATION (CAF) 3601 OF 2019
                  (Sahebrao Mahadeo Ingole...Versus....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. G.O. Gadge h/f Mr. P.S. Kshirsagar, Advocate for the appellant.
                          Ms. T.H. Udeshi, AGP for respondent Nos. 1 and 2.
                          None for respondent No. 3.

                                            CORAM : G. A. SANAP, J.

DATED : SEPTEMBER 08, 2023

1. Heard learned advocate for the applicant/appellant and learned AGP for the respondent Nos. 1 and 2. Learned advocate for respondent No. 3 is absent.

2. This is an application for condonation of 46 days delay caused in filing the appeal against the judgment and award dated 24th July, 2018. The reasons have been stated in the application. It is stated that the appellant came to know about the decision when he found that some of the similarly situated claimants started filing appeal in the High Court. According to the appellant, the delay is not intentional.

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.

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

5. For the reasons stated in the application, the application is allowed. Delay of 46 days caused in filing the appeal against the judgment and award dated 24th July, 2018 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. 28785 OF 2018

1. Heard. Arguable points are raised. Hence, admit.

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

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

4. Call record and proceeding.

5. Private paper book be filed within twelve weeks from the date of receipt of record. If the paper book is not filed within twelve weeks, the appeal shall stand dismissed without further reference to Court.

JUDGE Belkhede

Signed by: Mr. R. S. Belkhede Designation: PA To Honourable Judge Date: 14/09/2023 15:36:30