Bombay High Court
Thavra S/O Bhiku Chavan vs The District Collector, Yavatmal And ... on 8 January, 2024
Author: G.A. Sanap
Bench: G. A. Sanap
2024:BHC-NAG:235
1 19.caf.1619.2022
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CIVIL APPLICATION (CAF) NO. 1619 OF 2022
IN
FIRST APPEAL (St.) NO. 1036 OF 2022
Thavra S/o. Bhiku Chavan
.VS.
The District Collector, Yavatmal and others
_______________________________________________________________
Office Notes, Office Memoranda of Coram,
appearances, Court's orders of directions Court's or Judge's orders.
and Registrar's Orders.
Mr Vaibhav Patre Advocate for the appellant
Mr K. R. Lule, AGP for the State/respondent Nos. 1 and 3
CORAM : G.A. SANAP, J.
DATE : JANUARY 08, 2024.
Nobody appears for respondent No.2 despite
service. Heard learned Advocate for the appellant and
learned AGP for respondent Nos. 1 and 3.
2. This is an application for condonation of 4578
days delay caused in filing appeal against impugned
judgment and decree, dated 04.06.2007 passed by the Civil
Judge Senior Division, Pusad, Dist. Yavatmal. The reasons
have been stated in the application.
3. Learned AGP for respondent Nos. 1 and 3 relying
upon a decision in the case of New Okhla Industrial
Development Authority Vs. Rameshwar @ Ramesh
Chandra Sharma (Dead), through Legal Heir and another
2 19.caf.1619.2022
(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 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 4578 days caused in filing appeal stands 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, in case the appeal is
allowed.
7. The appeal be registered.
8. The application stands disposed of, accordingly.
FIRST APPEAL (ST.) NO. 10 36 OF 2022
9. Heard.
10. ADMIT.
11. Issue notice to the respondents, returnable within
four weeks.
3 19.caf.1619.2022
12. Learned AGP waives service of notice on behalf of
respondent Nos. 1 and 3.
13. Call for record and proceedings.
14. Paper book be filed within twelve weeks from the
date of receipt of record and proceedings. If the paper book
is not filed within twelve weeks the matter shall stand
dismissed without further reference to the Court.
(G. A. SANAP, J.)
Namrata
Signed by: Miss Namrata Suryawanshi
Designation: PA To Honourable Judge
Date: 08/01/2024 17:42:55
