Jambuwant Uttam Ade vs The State Of Maharashtra, Through Its ...
2024 Latest Caselaw 3543 Bom

Bombay High Court

Jambuwant Uttam Ade vs The State Of Maharashtra, Through Its ... on 6 February, 2024

Author: G. A. Sanap

Bench: G. A. Sanap

2024:BHC-NAG:1457



                                                    1                                    23 caf1233.23.odt


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

                              CIVIL APPLICATION (CAF) NO. 1233 OF 2023
                                IN FIRST APPEAL ST. NO. 18213 OF 2022
                                         JAMBUWANT UTTAM ADE
                                                 VERSUS
                         STATE OF MAH., THRU. COLLECTOR, YAVATMAL 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. Pawan Sarise, Advocate h/f Mr. R. J. Shinde, Advocate for the
                                   appellant
                                   Mrs. M. S. Naik, A.G.P. for respondent nos.1 and 3
                                   Mr. T. M. Zaheer, Advocate for respondent no.2

                                           CORAM : G. A. SANAP, J.

DATE : FEBRUARY 06, 2024.

1. Heard learned advocates for the parties.

2. This is an application for condonation of 2401 days delay caused in filing appeal against impugned judgment and award, dated 09.01.2014 passed by the Reference Court. The reasons have been stated in the application.

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), delay can 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 applicant/appellant submits that the Court may pass an appropriate order.

2 23 caf1233.23.odt

5. In view of the above, the application is allowed. Delay of 2401 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 2401 days, in case the appeal is allowed.

7. The appeal be registered.

8. The application stands disposed of, accordingly.

FIRST APPEAL (ST.) No. 18213 of 2022

1. Heard.

2. ADMIT.

3. Mrs. M.S. Naik, learned Assistant Government Pleader waives service of notice on behalf of respondent nos.1 and 3.

4, Mr. T. M. Zaheer, learned advocate waives service of notice on behalf of respondent no.2.

5. Call for the record and proceedings.

6. Paper book be filed within twelve weeks from receipt of the record and proceedings.

7. If the paper book is not filed within the said period, then the appeal shall stand dismissed without reference to the Court.

JUDGE Diwale

Signed by: DIWALE Designation: PS To Honourable Judge Date: 06/02/2024 17:44:04