Anil Shridharrao Kale And 2 Others vs Special Land Acquisition Officer ...
2024 Latest Caselaw 462 Bom

Bombay High Court

Anil Shridharrao Kale And 2 Others vs Special Land Acquisition Officer ... on 9 January, 2024

Author: G. A. Sanap

Bench: G. A. Sanap

2024:BHC-NAG:321
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                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                            NAGPUR BENCH AT NAGPUR

                        CIVIL APPLICATION (CAF) NO. 1740 OF 2023
                                           IN
                            FIRST APPEAL ST. NO. 7097 OF 2020
                                        Anil Shridharrao Kale
                                                  Vs.
                       Special Land Acquisition Officer (General), Wardha & Ors.
        **********************************************************************************************
        Office Notes, Office Memoranda of Coram,                     Court's or Judge's orders
        appearances, Court's orders of directions
        and Registrar's orders
        **********************************************************************************************
                               Ms. Shruti, Advocate h/f. Mr. C.R. Najbile, Advocate for the
                               Applicant/Appellant.
                               Mr. Ganesh Umale, AGP for Respondent Nos.1 & 3.
                               Ms. Anjali Agrawal, Advocate for Respondent No.2.

                                         CORAM : G. A. SANAP, J.

DATED : 9th JANUARY, 2024.

Heard learned advocate for the parties.

2. This is an application for condonation of 2426 days delay caused in filing an appeal against the impugned judgment and award dated 07.09.2013, passed by the Reference Court. 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 [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.

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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 2426 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 2426 days, in case the appeal is allowed.

7. The appeal be registered.

8. The application stands disposed of, accordingly.

FIRST APPEAL ST. NO. 7097 OF 2020

9. Heard.

10. Admit.

11. Learned AGP waives service of notice on behalf of respondent Nos.1 and 3.

12. Learned advocate Ms. Anjali Agrawal waives service of notice on behalf of respondent No.3.

13. Call for record and proceedings.

14. Paper-book be filed within twelve weeks from the date of receipt of record and proceedings.

15. If the paper-book is not filed within twelve weeks from the date of receipt of record and proceedings, then the

-3- 28.CAF.1740.2023.odt

matter shall stand dismissed without further reference to the Court.

16. Office objections, if any, be removed within one week.

(G. A. SANAP, J.) Vijay

Signed by: Mr. Vijay Kumar Designation: PA To Honourable Judge Date: 10/01/2024 19:33:31