Sudam Panjab Raut (Dead) Thr. Lrs. Anil ... vs The State Of Maharashtra Through ...
2024 Latest Caselaw 1936 Bom

Bombay High Court

Sudam Panjab Raut (Dead) Thr. Lrs. Anil ... vs The State Of Maharashtra Through ... on 23 January, 2024

Author: G. A. Sanap

Bench: G. A. Sanap

2024:BHC-NAG:980
                                                        -1-                         27.CAF.1738.2022.odt


                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                             NAGPUR BENCH AT NAGPUR
                         CIVIL APPLICATION (CAF) NO. 1738 OF 2022
                                            IN
                             FIRST APPEAL ST. NO. 1616 OF 2022
            Sudam Panjab Raut (Dead) thr. L.Rs. & Ors.Vs. State of Maharashtra, through
                                   Collector, Amravati & 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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                               Ms. Shruti C. Najbile, Advocate for the Applicants/Appellants.
                               Mr. K.R. Lule, AGP for Respondent Nos.1 & 2/State.
                               Mr. A.M. Kukday, Advocate for Respondent No.3.

                                          CORAM : G. A. SANAP, J.

DATED : 23rd JANUARY, 2024.

. Heard learned advocates for the parties. Perused the record and proceedings.

2. This is an application for condonation of 1127 days delay caused in filing the appeal against the impugned judgment and award dated 14.11.2016, passed by the Reference Court. 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, subject to condition that the original land owners/claimants/appellants 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.

-2- 27.CAF.1738.2022.odt

4. Learned advocate for the applicants/appellants submits that the Court may pass an appropriate order.

5. In view of the above, the application is allowed. Delay of 1127 days caused in filing the appeal, is 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 1127 days, in case the appeal is allowed.

7. The appeal be registered.

8. The application stands disposed of, accordingly. FIRST APPEAL ST. NO. 1616 OF 2022

9. Heard.

10. Admit.

11. Learned AGP waives service of notice on behalf of respondent Nos.1 and 2.

12. Learned advocate Mr. A.M. Kukay waives service of notice on behalf of respondent No.3.

13. Call for record and proceedings.

14. Paper-book be filed within twelve weeks from the date of receipt of record and proceedings.

15. Office objections, if any, be removed within one week from the date of notifying the objection.

(G. A. SANAP, J.) Signed by: Mr. Vijay Kumar Vijay Designation: PA To Honourable Judge Date: 24/01/2024 20:01:21