N. N. Margade (Dead) Thr. Lrs. Radhabai ... vs The State Of Maharashtra Through ...
2024 Latest Caselaw 1043 Bom

Bombay High Court

N. N. Margade (Dead) Thr. Lrs. Radhabai ... vs The State Of Maharashtra Through ... on 16 January, 2024

Author: G.A. Sanap

Bench: G. A. Sanap

2024:BHC-NAG:637


                                                             1                            45 caf 1588.23.odt.

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

                       CIVIL APPLICATION (CAF) NO. 1588 OF 2023
                                              IN
                          FIRST APPEAL (St.) NO. 16569 OF 2022
               Narayan Namaji Margade (Dead) through LR's Smt. Radhabai and ors.
                                             .VS.
                              The State of Maharashtra and others
         _______________________________________________________________
        Office Notes, Office Memoranda of Coram,
        appearances, Court's orders of directions Court's or Judge's orders.
        and Registrar's Orders.
                   Mr P. Rathi, Advocate h/f Mr. L.B. Rathi, Advocate for the appellant
                   Mr Ganesh Umale, AGP for the State/respondent Nos. 1 and 2.
                   Mr. Mangesh Kadu, Advocate for respondent No.3.


                                      CORAM : G.A. SANAP, J.

DATE : JANUARY 16, 2024.

1. Heard.

2. This is an application for condonation of 2927 days delay caused in filing appeal against impugned judgment and award, dated 12/07/2012 passed by the Civil Judge (Senior Division), Yavatmal. The reasons have been stated in the application.

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, 2 45 caf 1588.23.odt.

subject to condition that the original land owner/claimant/appellant 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.

5. In view of the above, the application is allowed. Delay of 2927 days caused in filing appeal stands condoned.

6. It is made clear that the original land owner/ claimant/appellant 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, in case the appeal is allowed.

7. The appeal be registered.

8. The application stands disposed of, accordingly.

(G. A. SANAP, J.)

Manisha

Signed by: Mrs. Manisha Shewale Designation: PA To Honourable Judge Date: 17/01/2024 17:48:28