Bombay High Court
Bapurao S/O Ramrao Khonde And Other vs The State Of Maharashtra, Through ... on 15 January, 2024
Author: G. A. Sanap
Bench: G. A. Sanap
-1- 36.CAF.987.2023.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
CIVIL APPLICATION (CAF) NO. 987 OF 2023
IN
FIRST APPEAL ST. NO. 20944 OF 2022
Bapurao S/o. Ramrao Khonde & Anr.
Vs.
The State of Maharashtra through Collector, Wardha & 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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Mr. C.R. Najbile, Advocate for the Applicants/Appellants.
Mr. H.D. Dubey, AGP for Respondent Nos.1 & 2/State.
Ms. Anjali Agrawal, Advocate for Respondent No.3.
CORAM : G. A. SANAP, J.
DATED : 15th JANUARY, 2024.
Heard learned advocates for the parties.
2. This is an application for condonation of 2264 days
delay caused in filing an appeal against the impugned judgment
and award dated 21.07.2014, 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 owners/claimants/appellants
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- 36.CAF.987.2023.odt
4. Learned advocate for the applicants/appellants
submits that the Court may pass an appropriate order.
5. In view of the above, the application is allowed.
Delay of 2264 days caused in filing the appeal, is 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 2264 days, in case the appeal is
allowed.
7. The appeal be registered.
8. The application stands disposed of, accordingly.
FIRST APPEAL ST. NO. 20944 OF 2022
9. Heard.
10. Admit.
11. Learned AGP waives service of notice on behalf of
respondent Nos.1 and 2.
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.
-3- 36.CAF.987.2023.odt
15. If the paper-book is not filed within twelve weeks
from the date of receipt of record and proceedings, then the
appellants shall pay costs of Rs.2,000/- (Rupees Two Thousand
Only) to The High Court Gazetted Officers' Association,
Nagpur.
(G. A. SANAP, J.)
Vijay
Signed by: Mr. Vijay Kumar
Designation: PA To Honourable Judge
Date: 17/01/2024 10:36:26
