Manjaram S/O Narayan Jawale (Died) Thr. ... vs The State Of Maharashtra Through The ...
2024 Latest Caselaw 926 Bom

Bombay High Court

Manjaram S/O Narayan Jawale (Died) Thr. ... vs The State Of Maharashtra Through The ... on 15 January, 2024

Author: G. A. Sanap

Bench: G. A. Sanap

2024:BHC-NAG:589
                                                         -1-                         33.CAF.593.2023.odt



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

                          CIVIL APPLICATION (CAF) NO. 593 OF 2023
                                             IN
                             FIRST APPEAL ST. NO. 13985 OF 2022
                            Manjaram S/o. Narayan Jawale (Dead) thr. L.Rs.
                                                  Vs.
                      The State of Maharashtra through Collector, Buldhana & Ors.
        **********************************************************************************************
        Office Notes, Office Memoranda of Coram,                      Court's or Judge's orders
        appearances, Court's orders of directions
        and Registrar's orders
        **********************************************************************************************
                               Mr. S.V. Ingole, Advocate for the Applicants/Appellants.
                               Mr. M.A. Kadu, 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 3922 days delay caused in filing an appeal against the impugned judgment and award dated 16.09.2009, 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- 33.CAF.593.2023.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 3922 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 3922 days, in case the appeal is allowed.

7. The appeal be registered.

8. The application stands disposed of, accordingly.

FIRST APPEAL ST. NO. 13985 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- 33.CAF.593.2023.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 10:36:59