Prabhakar Pandurang Khadse And Others vs The State Of Maharashtra Through The ...
2024 Latest Caselaw 14263 Bom

Bombay High Court

Prabhakar Pandurang Khadse And Others vs The State Of Maharashtra Through The ... on 6 May, 2024

Author: G. A. Sanap

Bench: G. A. Sanap

2024:BHC-NAG:5359



                                                    1                                    12 cao501.24.odt


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

                              CIVIL APPLICATION (CAO) NO. 501 OF 2024
                                                IN
                               CROSS-OBJECTION ST. NO. 24123 OF 2023
                                                IN
                                   FIRST APPEAL NO. 1441 OF 2017
                                   PRABHAKAR PANDURANG KHADSE
                                                 VERSUS
                         STATE OF MAH., THRU. COLLECTOR, YAVATMAL AND OTHERS
         -------------------------------------------------------------------------------------------------------
         Office Notes, Office Memoranda of                         Court's or Judge's Order
         Coram, appearances, Court's Orders
         or directions and Registrar's order
         -------------------------------------------------------------------------------------------------------
                                   Mr. Mohit Dube, Advocate h/f Mr. A. B. Nakshane, Advocate for the
                                   cross-objector/ ori.Resp. no.1
                                   Ms. K. H. Bhondge, A.G.P. for respondent nos.2 and 3.
                                   Mr. Waghmare, Advocate h/f Mr. P.B. Patil, Advocate for R.No.3

                                           CORAM : G. A. SANAP, J.

DATE : MAY 06, 2024.

1. Heard learned advocates for the parties.

2. This is an application for condonation of 1443 days delay caused in filing cross-objection against the impugned judgment and award, dated 08.09.2016 passed by the Reference Court. The reasons have been stated in the application.

3. In view of the decision of the Hon'ble Apex Court in New Okhla Industrial Development Authority Vs. Rameshwar @ Ramesh Chandra Sharma (Dead), through Legal Heir and another (2022 SCC Online SC 1599) , delay can be condoned, subject to condition that the original land owners/claimant/cross-objector herein shall not be entitled to get any statutory benefits, including the interest payable under the Land Acquisition Act, 1894 on the enhanced 2 12 cao501.24.odt

amount of compensation for the delayed period.

4. Learned advocate for the applicant/cross-objector submits that the Court may pass an appropriate order.

5. In view of the above, the application is allowed. Delay of 1443 days caused in filing cross-appeal/objection stands condoned.

6. It is made clear that the original land owners/ claimants/cross-objector 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 1443 days, in case the cross-objection is allowed.

7. The cross-objection be registered.

8. The application stands disposed of, accordingly.

CROSS-OBJECTION ST. No. 24123 of 2023

1. Heard learned advocates for the parties.

2. ADMIT.

3. Learned Assistant Government Pleader waives service of notice on behalf of respondent nos.1 and 2.

4. Mr. Waghmare, learned advocate holding for Mr. P. B. Patil, learned advocate waives service of notice on behalf of respondent no.3/ori.appellant.

( G. A. SANAP, J. ) Diwale

Signed by: DIWALE Designation: PS To Honourable Judge Date: 07/05/2024 11:02:03