Bombay High Court
Ganesh Daulat Kharat vs Executive Engineer, Minor Irrigation ... on 5 January, 2024
Author: G.A. Sanap
Bench: G. A. Sanap
2024:BHC-NAG:227
1 20caf 1843.23.odt.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CIVIL APPLICATION (CAF) NO.1843 OF 2023
IN
FIRST APPEAL ST. NO. 13046 OF 2020
Ganesh Daulat Kharat
VS.
Executive Engineer, Minor Irrigation Division, Washim and another
_______________________________________________________________
Office Notes, Office Memoranda of Coram,
appearances, Court's orders of directions Court's or Judge's orders.
and Registrar's Orders.
Mr R.P. Masurkar, Adv. h/f Mr. S.S. Gaikwad, Advocate for appellant.
Mr. S.K. Bhoyar, Advocate for respondent No.1.
Mr. Ganesh Umale, AGP for respondent No.2.
CORAM : G.A. SANAP, J.
DATE : JANUARY 05, 2024.
Heard learned Advocate for the appellant and
learned Advocate for respondent No.1 and learned AGP
for the respondent No.2/State.
2. This is an application for condonation of
1233 days delay caused in filing appeal against impugned
judgment and award dated 02.05.2017 passed by the
learned Joint Civil Judge, Sr. Division, Washim in Land
Acquisition Case No.310/2012. The reasons have been
stated in the application.
3. Learned counsel for the respondent Nos.1
and 2/State, relying upon a decision in the case of New
2 20caf 1843.23.odt.
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/ 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 1233 days caused in filing appeal
stands condoned.
6. It is made clear that the original land owners/
claimants/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 1233 days, in case
the appeal is allowed.
7. The appeal be registered.
8. The application stands disposed of,
accordingly.
3 20caf 1843.23.odt.
FIRST APPEAL (ST.) No. 13046 of 2020
1. Heard.
2. ADMIT.
3. Mr. S.K. Bhoyar, learned Advocate waives
service of notice on behalf of respondent No.1. and Mr.
Ganesh Umale, learned Assistant Government Pleader
waives service of notice on behalf of respondent No.
2/State.
4. Call for the record and proceedings.
5. Office objections, if any, be removed within
two weeks from today.
6. Paper book be filed within twelve weeks from
the date of receipt the record and proceedings.
7. If the paper book is not filed within the said
period, then the appeal shall stand dismissed without
reference to the Court.
(G. A. SANAP, J.)
Manisha
Signed by: Mrs. Manisha Shewale
Designation: PA To Honourable Judge
Date: 08/01/2024 17:27:24
