Sonaji Kamalaji @ Kambal Kharade @ ... vs State Of Maharashtra Through District ...
2024 Latest Caselaw 14558 Bom

Bombay High Court

Sonaji Kamalaji @ Kambal Kharade @ ... vs State Of Maharashtra Through District ... on 7 May, 2024

Author: G. A. Sanap

Bench: G. A. Sanap

                                                -1-                         35.CAF.1142.2022.odt



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

                 CIVIL APPLICATION (CAF) NO. 1142 OF 2022
                                   IN
                    FIRST APPEAL ST. NO. 12816 OF 2021
             Sonaji Kamalaji @ Kambal Kharade @ Kharde (Dead) thr. L.R.
                                          Vs.
                              State of Maharashtra & 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. D.S. Mapari, Advocate for the Applicant/Appellant.
                       Mr. M.A. Kadu, AGP for Respondent Nos.1 & 2.
                       Ms. Anjali Joshi, Advocate for Respondent No.3.


                                  CORAM : G. A. SANAP, J.

DATED : 7th MAY, 2024.

. Heard learned advocates for the parties.

2. This is an application for condonation of 3685 days delay caused in filing the appeal against the impugned judgment and award dated 13.11.2009, 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 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-                              35.CAF.1142.2022.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 3685 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 3685 days, in case the appeal is allowed.

7. The appeal be registered.

8. The application stands disposed of, accordingly.

FIRST APPEAL ST. NO. 12816 OF 2021

9. Heard.

10. ADMIT.

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

12. Learned advocate Ms. Anjali Joshi waives service of notice on behalf of respondent No.3.

13. Call for record and proceedings.

14. Paper book be filed within six months.

(G. A. SANAP, J.) Vijay Signed by: Mr. Vijay Kumar Designation: PA To Honourable Judge Date: 08/05/2024 19:28:04