Bombay High Court
Sau. Pushpa Babanrao Gokhare And Others vs The State Of Maharashtra Through ... on 5 January, 2024
Author: G.A. Sanap
Bench: G. A. Sanap
1 15 caf 1702.22.odt.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CIVIL APPLICATION (CAF) NO.1702 OF 2022
IN
FIRST APPEAL ST. NO. 4137 OF 2020
Sau. Pushpa Babanrao Gokhare and ors
VS.
State of Maharashtra and ors.
_______________________________________________________________
Office Notes, Office Memoranda of Coram,
appearances, Court's orders of directions Court's or Judge's orders.
and Registrar's Orders.
Mr A.B. Nakshane, Advocate for appellant.
Mr. Ganesh Umale, AGP for respondent Nos.1 and 2.
Mr. K.R. Lule, Advocate for respondent No.3.
CORAM : G.A. SANAP, J.
DATE : JANUARY 05, 2024.
Heard learned Advocate for the appellant and
learned AGP for the respondent Nos.1 and 2/State and
learned Advocate for respondent No.3.
2. This is an application for condonation of 211
days delay caused in filing appeal against impugned
judgment and award dated 29/01/2019 passed by the
learned Civil Judge, Sr. Division, Kelapur in Land
Acquisition Case No.8/2011. The reasons have been
stated in the application.
3. Learned Advocate for the respondent Nos.1
and 2/State and learned Advocate for respondent No.3
2 15 caf 1702.22.odt.
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), submit 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.
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 211 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 211 days, in
case the appeal is allowed.
7. The appeal be registered.
8. The application stands disposed of,
accordingly.
3 15 caf 1702.22.odt.
FIRST APPEAL (ST.) No. 4137 of 2020
1. Heard.
2. ADMIT.
3. Mr. Ganesh Umale, learned Assistant
Government Pleader waives service of notice on behalf of
respondent nos.1 and 2.
4. Mr. K.R. Lule, 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.
8. 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 17:23:38
