Krushna S/O Sadashiv Katkadi And Others v. Special Land Acquisition Officer, Kanholi Nala Project, Nagpur And Other
2024:BHC-NAG:5560 1 39.caf.2223.2023
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CIVIL APPLICATION (CAF) NO. 2223 OF 2023 IN FIRST APPEAL (St.) NO. 319 OF 2023 Krushna S/o. Sadashiv Katkadi and others .VS. Special Land Acquisition Officer, Nagpur and Another _______________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders.
and Registrar's Orders.
Ms Rajkumari Rai, Advocate for the appellants Ms Sonia Thakur, AGP for respondent No. 1/State Mr. T. M. Zaheer, Advocate for respondent No. 2 CORAM :
G.A. SANAP, J.
DATE :
APRIL 24, 2024.
Heard.
2.
This is an application for condonation of 352 days delay caused in filing appeal against impugned judgment and award. The reasons have been stated in the application. In view of the reasons, the application is allowed.
3.
Delay of 352 days caused in filing appeal stands condoned.
4.
It is made clear that in view of the decision in the case of New Okhla Industrial Development Authority Vs. Rameshwar @ Ramesh Chandra Sharma (Dead), through Legal Heir and another (2022 SCC
2 39.caf.2223.2023 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.
5.
The first appeal be registered.
6.
The civil application stands disposed of, accordingly.
FIRST APPEAL (St.) NO. 319 OF 2023 7.
Heard.
8.
ADMIT.
9.
Learned AGP waives service of notice on behalf of respondent No. 1/State.
10.
Learned Advocate Mr T. M. Zaheer waives service of notice on behalf of respondent No. 2. 11.
Call for record and proceeding.
12.
Paper book be filed within twelve weeks from the date of receipt of record and proceedings. (G. A. SANAP, J.) Namrata