Bombay High Court
Fatmabi W/O Habib Khan vs The State Of Maharashtra Through ... on 23 January, 2024
Author: G. A. Sanap
Bench: G. A. Sanap
2024:BHC-NAG:943
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
: NAGPUR BENCH : NAGPUR.
CIVIL APPLICATION (CAF) NO. 231 OF 2024
IN
FIRST APPEAL ST. NO. 7820 OF 2022
FATMABI W/o HABIB KHAN
VERSUS
STATE OF MAH., THRU. COLLECTOR, YAVATMAL 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. N. M. Kolhe, Advocate for the appellant.
Mrs. Mrunal Naik, A.G.P. for respondent nos.1 and 3
Mr. M. A. Kadu, Advocate for respondent no.2
CORAM : G. A. SANAP, J.
DATE : JANUARY 23, 2024.
1. Heard learned advocates for the parties.
2. Issue notice to the respondents.
3. Mrs. Mrunal S. Naik, learned Assistant Government
Pleader waives service of notice on behalf of respondent
nos.1 and 3.
4. Mr. M. A. Kadu, learned advocate waives service of
notice on behalf of respondent no.2.
5. This is an application for condonation of 2446 days
delay caused in filing appeal against impugned judgment
and award, dated 10.06.2013 passed by the Reference
Court. The reasons have been stated in the application.
6. 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
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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.
7. Learned advocate for the applicant/appellant submits
that the Court may pass an appropriate order.
8. In view of the above, the application is allowed.
Delay of 2446 days caused in filing appeal stands
condoned.
9. 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 2446 days, in case
the appeal is allowed.
10. The appeal be registered.
11. The application stands disposed of, accordingly.
FIRST APPEAL (ST.) No. 7820 of 2022
1. Heard.
2. ADMIT.
3. Mrs. Mrunal S. Naik, learned Assistant Government
Pleader waives service of notice on behalf of respondent
nos.1 and 3.
4. Mr. M. A. Kadu, learned advocate waives service of
notice on behalf of respondent no.2.
5. Learned advocate for respondent no.2 submits that
the matter is covered by the earlier decision of this Court.
3 3 caf231.24.odt
6. List this matter along with Misc. Civil Application
No. 2680/2022 (V.I.D.C. .vs. Dattaram Paul), on
29.01.2024. Parties to note that on this day, the Court may
dispose of the matter finally.
( G. A. SANAP, J.)
Diwale
Signed by: DIWALE
Designation: PS To Honourable Judge
Date: 23/01/2024 19:09:56
