Bombay High Court
Suresh Seva Rathod vs State Of Maharashtra Through ... on 23 January, 2024
Author: G. A. Sanap
Bench: G. A. Sanap
2024:BHC-NAG:983
-1- 1.CAF.228.2024.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
CIVIL APPLICATION (CAF) NO. 228 OF 2024
IN
FIRST APPEAL ST. NO. 1565 OF 2022
Suresh Seva Rathod
Vs.
State of Maharashtra through Collector, Yavatmal & Ors.
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Office Notes, Office Memoranda of Coram, Court's or Judge's orders
appearances, Court's orders of directions
and Registrar's orders
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Mr. C.B. Dharmadhikari, Advocate for the Applicant/Appellant.
Mr. K.R. Lule, AGP for Respondent Nos.1 & 2/State.
Mr. P.B. Patil, Advocate for Respondent No.3.
CORAM : G. A. SANAP, J.
DATED : 23rd JANUARY, 2024.
. Issue notice to the respondents.
2. Learned AGP waives service of notice on behalf of
respondent Nos.1 and 2.
3. Learned advocate Mr. P.B. Patil waives service of
notice on behalf of respondent No.3.
4. Heard learned advocates for the parties. Perused the
record and proceedings.
5. This is an application for condonation of 2485 days
delay caused in filing an appeal against the impugned judgment
and decree dated 26.02.2013, passed by the Reference Court.
The reasons have been stated in the application.
6. Learned AGP for respondent Nos.1 and 2, relying
upon a decision in the case of New Okhla Industrial
-2- 1.CAF.228.2024.odt
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 owner/claimant/appellant
herein shall not be entitled to get 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 2485 days caused in filing the appeal, is condoned.
9. 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 of 2485 days, in case the appeal is allowed.
10. The appeal be registered.
11. The application stands disposed of, accordingly.
FIRST APPEAL ST. NO. 1565 OF 2022
12. Heard.
13. Admit.
14. Learned AGP waives service of notice on behalf of
respondent Nos.1 and 2.
15. Learned advocate Mr. P.B. Patil waives service of
notice on behalf of respondent No.3.
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16. Call for record and proceedings.
17. Paper-book be filed within twelve weeks from the
date of receipt of record and proceedings.
(G. A. SANAP, J.)
Vijay
Signed by: Mr. Vijay Kumar
Designation: PA To Honourable Judge
Date: 24/01/2024 20:03:14
