Moreshwar S/O Natthuji Chanekar vs The State Of Maharashtra Through ...
2024 Latest Caselaw 466 Bom

Bombay High Court

Moreshwar S/O Natthuji Chanekar vs The State Of Maharashtra Through ... on 9 January, 2024

Author: G. A. Sanap

Bench: G. A. Sanap

                                                 -1-                          24B.CAF.1866.2023.odt



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

                  CIVIL APPLICATION (CAF) NO. 1866 OF 2023
                                    IN
                      FIRST APPEAL ST. NO. 544 OF 2022
                            Moreshwar S/o. Natthuji Chanekar
                                           Vs.
               The State of Maharashtra through Collector, Amravati & Ors.
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Office Notes, Office Memoranda of Coram,                     Court's or Judge's orders
appearances, Court's orders of directions
and Registrar's orders
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                       Ms. Shreya Bhagat, Advocate h/f. Mr. P.R. Agrawal, Advocate for the Applicant/
                       Appellant.
                       Mr. Ganesh Umale, AGP for Respondent Nos.1 & 2/State.
                       Mr. M.A. Kadu, Advocate for Respondent No.3.

                                   CORAM : G. A. SANAP, J.

DATED : 9th JANUARY, 2024.

Heard learned advocates for the parties.

2. This is an application for condonation of 1547 days delay caused in filing an appeal against the impugned judgment and award dated 21.09.2015, 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-                              24B.CAF.1866.2023.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 1547 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 1547 days, in case the appeal is allowed.

7. The appeal be registered.

8. The application stands disposed of, accordingly.

FIRST APPEAL ST. NO. 544 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 No.3.

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: 10/01/2024 19:59:51