Bombay High Court
Mohan Motiram Zade vs The State Of Maharashtra Through ... on 5 January, 2024
Author: G.A. Sanap
Bench: G. A. Sanap
1 14 caf 1584.22.odt. condonation of delay
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CIVIL APPLICATION (CAF) NO.1584 OF 2022
IN
FIRST APPEAL ST. NO. 6168 OF 2022
Mohan Motiram Zade
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 N.M. Kolhe, Advocate for appellant.
Mrs. Mrunal Naik AGP for respondent Nos.1 and 2.
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.
Respondent No.3 is absent though duly served.
2. This is an application for condonation of
1016 days delay caused in filing appeal against impugned
judgment and award dated 10.04.2017 passed by the
learned Civil Judge, Sr. Division, Yavatmal in Land
Acquisition Case No.277/2013. 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 14 caf 1584.22.odt. condonation of delay
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 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 1016 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 1016 days, in
case the appeal is allowed.
7. The appeal be registered.
8. The application stands disposed of,
accordingly.
3 14 caf 1584.22.odt. condonation of delay
FIRST APPEAL (ST.) No. 6168 of 2022
1. Heard.
2. ADMIT.
3. Mrs. Mrunal Naik, learned Assistant
Government Pleader waives service of notice on behalf of
respondent nos.1 and 2.
4. Advocate for the appellant shall provide the
copy of the appeal memo with the accompanying
documents to the advocates appearing for the respective
parties.
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 17:38:57
