Janardhan Narayan Padmawar (Died) ... vs The State Of Maharashtra Through ...
2024 Latest Caselaw 2995 Bom

Bombay High Court

Janardhan Narayan Padmawar (Died) ... vs The State Of Maharashtra Through ... on 31 January, 2024

Author: G. A. Sanap

Bench: G. A. Sanap

2024:BHC-NAG:1659
                                                     -1-                         21F.CAF.2464.2023.odt



                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                             NAGPUR BENCH AT NAGPUR

                        CIVIL APPLICATION (CAF) NO. 2464 OF 2023
                                          IN
                           FIRST APPEAL ST. NO. 18242 OF 2022
                                Janardhan Narayan Padmawar (Died) thr, L.R.
                                                    Vs.
                                      The State of Maharashtra & Ors.
        **********************************************************************************************
        Office Notes, Office Memoranda of Coram,                   Court's or Judge's orders
        appearances, Court's orders of directions
        and Registrar's orders
        **********************************************************************************************
                               Mr. Paras Rathi, Advocate h/f. Mr. L.B. Rathi, Advocate for the
                               Applicant/Appellant.
                               Ms. Mrunal Naik, AGP for Respondent Nos.1 & 2.
                               Mr. M.A. Kadu, Advocate for Respondent Nos.3 & 4.


                                         CORAM : G. A. SANAP, J.

DATED : 31st JANUARY, 2024.

Heard learned advocates for the parties.

2. This is an application for condonation of 10976 days delay caused in filing the appeal against the impugned judgment and award dated 20.07.1990, 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 owner/claimant/appellant 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-                              21F.CAF.2464.2023.odt


                                      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 10976 days caused in filing the appeal, is condoned.

6. It is made clear that the original land owner/claimant/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 10976 days, in case the appeal is allowed.

7. The appeal be registered.

8. The application stands disposed of, accordingly.

FIRST APPEAL ST. NO. 18242 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. M.A. Kadu waives service of notice on behalf of respondent Nos.3 and 4.

13. Learned advocates for the parties submit that this matter is covered by the decision of this Court.

(G. A. SANAP, J.) Vijay

Signed by: Mr. Vijay Kumar Designation: PA To Honourable Judge Date: 12/02/2024 10:23:22