Gajanan S/O Dattarao Deshmukh v. Union Of India Thr. Chief Engineer (Production), Ajni Central Railway, Nagpur And Others

caf571.25.O.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CIVIL APPLICATION (F) NO.571 OF 2025 IN FIRST APPEAL STAMP NO.1115 OF 2025 (Gajanan s/o Dattarao Deshmukh Vs. Union of India, thr. Chief Engineer (Production) Ajni, Central Railway, Nagpur, Tah. & Dist. Nagpur and others) ------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

------------------------------------------------------------------------------------------------------------------------------------- Mr. S. V. Ingole, Advocate for Appellant/Applicant. CORAM: ROHIT W. JOSHI, J.

DATE: 18 th FEBRUARY, 2025.

1.

Heard.

2.

This is an application seeking condonation of delay of 3129 days in filing first appeal. Since the matter pertains to land acquisition, the delay is condoned subject to condition that the appellant will not be entitled for interest for the delayed period on the amount of compensation i.e. market value and statutory benefits for the period of delay. 3.

The civil application is disposed of accordingly. 4.

The first appeal be registered.

FIRST APPEAL STAMP NO.1115 OF 2025:

1.

Heard.

2.

Issue notice to the respondents, returnable in 1st week of March, 2025.

caf571.25.O.odt 3.

Ms. N. G. Chaubey, the learned counsel waives service of notice on behalf of respondent no.1. 4.

Mr. M. A. Kadu, the learned Assistant Government Pleader waives service of notice on behalf of respondent nos.2 and 3.

5.

The learned counsel for appellant claims that controversy in the appeal is covered by judgment dated 30.04.2024 passed in First Appeal No.1078/2012 with other connected matter and judgment dated 26.11.2019 passed in First Appeal No.1273/2013 with other connected matter. The respondents are put to notice that the present matter may be heard finally.

(ROHIT W. JOSHI, J.) NSN