Bombay High Court
Panjab Satwa Bhusale (Dead) Thr. Lrs. ... vs Executive Engineer, Minor Irrigation ... on 6 February, 2024
Author: G. A. Sanap
Bench: G. A. Sanap
2024:BHC-NAG:1481
1 18 caf1609.22.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
: NAGPUR BENCH : NAGPUR.
CIVIL APPLICATION (CAF) NO. 1609 OF 2022
IN
FIRST APPEAL ST. NO. 9673 OF 2022
PANJAB SATWA BHUSALE (Dead) THRU. LRS SMT. RATNABAI AND OTHERS
VERSUS
EXE.ENGINEER, MINOR IRRIGATION DEPT., PUSAD 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 appellants
Mr. Amit M. Kukday, Advocate for respondent no.1
Mr. M. A. Kadu, A.G.P. for respondent nos.2 and 3.
CORAM : G. A. SANAP, J.
DATE : FEBRUARY 06, 2024.
1. Heard learned advocates for the parties.
2. This is an application for condonation of 142 days
delay caused in filing appeal against impugned judgment
and award, dated 18.11.2019 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
2 18 caf1609.22.odt
that the Court may pass an appropriate order.
5. In view of the above, the application is allowed.
Delay of 142 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 142 days, in case
the appeal is allowed.
7. The appeal be registered.
8. The application stands disposed of, accordingly.
FIRST APPEAL (ST.) No. 9673 of 2022
1. Heard.
2. ADMIT.
3. Mr. Amit M. Kukday, learned advocate waives service
of notice on behalf of respondent no.1.
4. Mr. M. A. Kadu, learned Assistant Government
Pleader waives service of notice on behalf of respondent
nos.2 and 3.
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
Signed by: DIWALE Diwale
Designation: PS To Honourable Judge
Date: 06/02/2024 18:51:39
