Narayan S/O Bapurao Tiwade v. State Of Maharashtra Through Collector, Amravati And Others

2023:BHC-NAG:14632 1 30.caf.1610.2022

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAF) NO. 1610 OF 2022 IN FIRST APPEAL (ST) NO. 435 OF 2022 Narayan Bapurao Tiwade and Another VS.

The 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.

Ms Shreya Bhagat, Adv. h/f. Mr P. R. Agrawal, Advocate for the appellant Ms Trupti Udeshi, AGP for respondent Nos. 1 & 2 Ms Malika Babhulkar, Adv. h/f. Mr M. A. Kadu, Advocate for respondent No. 3 CORAM :

G.A. SANAP, J.

DATE :

OCTOBER 6, 2023.

Heard learned advocates for the parties.

2.

This is an application for condonation of 1412 days delay caused in filing appeal against impugned judgment and order, dated 03.02.2016 passed by the learned Civil Judge Senior Division, Amravati in Land Acquisition Case No. 80 of 2010. The reasons have been stated in the application. 3.

Learned AGP for the State, 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

2 30.caf.1610.2022 get any statutory benefits, including the interest payable under the Land Acquisition Act, 1894 on the enhanced amount of compensation for the delayed period.

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 1412 days caused in filing appeal stands 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 1412 days, in case the appeal is allowed. 7.

The appeal be registered.

8.

The application stands disposed of, accordingly. F IRST APPEAL (ST.) NO. 4 OF 202 9.

Heard.

10.

ADMIT.

11.

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

12.

Learned holding Advocate Ms Malika Babhulkar waives service of notice on behalf of respondent No. 3.

3 30.caf.1610.2022 13.

Call for record and proceedings.

14.

Paper book be filed within 12 weeks from the date of receipt of record and proceedings.

15.

This matter be tagged with First Appeal (St.) No. 1558 of 2022.

16.

Keep this matter on 09.10.2023.

(G. A. SANAP, J.) Namrata