Bombay High Court
Kundalik S/O Namdeo Misal vs The State Of Maharashtra, Through The ... on 4 January, 2024
Author: G. A. Sanap
Bench: G. A. Sanap
2024:BHC-NAG:129
1 21 caf1919.23.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
: NAGPUR BENCH : NAGPUR.
CIVIL APPLICATION (CAF) NO. 1919 OF 2023
IN
FIRST APPEAL ST. NO. 21359 OF 2022
KUNDLIK S/o NAMDEO MISAL
VERSUS
STATE OF MAH., THRU. THE COLLECTOR, BULDHANA 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. S. V. Ingole, Advocate for the appellant/applicant.
Mrs. Mrunal S. Naik, A.G.P. for respondent nos.1 and 2
Mr. N. M. Gaidhane, Advocate for respondent no.3.
CORAM : G. A. SANAP, J.
DATE : JANUARY 04, 2024.
1. Heard learned advocates for the parties.
2. This is an application for condonation of 2349 days
delay caused in filing appeal against impugned judgment
and award, dated 02.05.2014 passed by the Reference
Court. The reasons have been stated in the application.
3. Learned counsel for the respondents, 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 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.
2 21 caf1919.23.odt
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 2349 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 2349 days, in case
the appeal is allowed.
7. The appeal be registered.
8. The application stands disposed of, accordingly.
FIRST APPEAL (ST.) No. 21359 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 2.
4. Mr. N. M. Gaidhane, learned advocate waives service
of notice on behalf of respondent no.3.
5. Call for the record and proceedings.
6. Office objections, if any, be removed within two
weeks from today.
7. Paper book be filed within twelve weeks from the
date of receipt the record and proceedings.
3 21 caf1919.23.odt
8. 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: 05/01/2024 11:17:29
