Dinesh S/O Suryabhan Talware vs State Of Maharashtra Through ...
2024 Latest Caselaw 6865 Bom

Bombay High Court

Dinesh S/O Suryabhan Talware vs State Of Maharashtra Through ... on 4 March, 2024

Author: G.A. Sanap

Bench: G. A. Sanap

2024:BHC-NAG:2660


                                                           1               23.caf.1614.2022

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

                          CIVIL APPLICATION (CAF) NO. 1614 OF 2022
                                                IN
                             FIRST APPEAL (ST.) NO. 8653 OF 2020
                                  Dinesh S/o. Suryabhan Talware
                                                .VS.
                                  State of Maharashtra and others
         _______________________________________________________________
        Office Notes, Office Memoranda of Coram,
        appearances, Court's orders of directions Court's or Judge's orders.
        and Registrar's Orders.
                    None for the appellant
                    Ms Kavita Bhondge, AGP for respondent Nos.1 and 2


                                     CORAM : G.A. SANAP, J.

DATE : MARCH 04, 2024.

Heard.

2. This is an application for condonation of 329 days delay caused in filing appeal against impugned judgment and award, dated 18.01.2019 passed by the learned Civil Judge (Sr. Dn.) Yavatmal. The reasons have been stated in the application.

3. In view of the reasons, the application is allowed.

2. Delay of 329 days caused in filing appeal stands condoned.

3. It is made clear that in view of the decision in New Okhla Industrial Development Authority Vs. 2 23.caf.1614.2022

Rameshwar @ Ramesh Chandra Sharma (Dead), through Legal Heir and another (2022 SCC Online SC 1599), 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, in case the appeal is allowed.

4. The appeal be registered.

5. The application stands disposed of, accordingly. FIRST APPEAL (ST.) NO. 8653 OF 2020

6. Heard.

7. ADMIT.

8. Learned AGP waives service of notice on behalf of respondent Nos. 1 and 2.

9. Call for record and proceedings.

10. 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 appellant shall pay costs of Rs.5000/-.

(G. A. SANAP, J.) Namrata

Signed by: Miss Namrata Suryawanshi Designation: PA To Honourable Judge Date: 05/03/2024 12:54:59