Bombay High Court
Ramchandra Fakira Koli vs Special Land Acquisition Officer, ... on 5 January, 2024
Author: G.A. Sanap
Bench: G. A. Sanap
2024:BHC-NAG:231
1 21 caf 2294.23.odt.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CIVIL APPLICATION (CAF) NO.2294 OF 2023
IN
FIRST APPEAL ST. NO. 17874 OF 2022
Ramchandra Fakira Koli
VS.
Special Land Acquisition Officer, Buldhana 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 R.P. Masurkar, Advocate for appellant.
Mr. M.A. Kadu, AGP for respondent No.1.
CORAM : G.A. SANAP, J.
DATE : JANUARY 05, 2024.
Heard learned Advocate for the appellant and
learned AGP for the respondent Nos.1 and respondent
Nos.2 and 3 are absent though duly served.
2. This is an application for condonation of
1193 days delay caused in filing appeal against impugned
judgment and award dated 20/04/2017 passed by the
learned Civil Judge, Sr. Division, Malkapur in Land
Acquisition Case No.22/2016. The reasons have been
stated in the application.
3. Learned counsel for the respondent No.1
/State, relying upon a decision in the case of New Okhla
2 21 caf 2294.23.odt.
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.
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 1193 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 1193 days, in
case the appeal is allowed.
7. The appeal be registered.
8. The application stands disposed of,
accordingly.
3 21 caf 2294.23.odt.
FIRST APPEAL (ST.) No. 17874 of 2022
1. Heard.
2. ADMIT.
3. Mr. M.A. Kadu, learned Assistant
Government Pleader waives service of notice on behalf of
respondent No.1.
4. Issue notice to the respondent Nos.2 and 3,
returnable within three weeks.
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 17:35:35
