Vijay Ramkrushna Yende And Others v. State Of Maharashtra And Others
2024:BHC-NAG:1512 1 29.caf.2793.2023
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CIVIL APPLICATION (CAF) NO. 2793 OF 2023 IN FIRST APPEAL (St.) NO. 1143 OF 2022 Vijay Ramkrushna Yende and others .VS. 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.
Mr A. B. Nakshane, Advocate for the appellants Mr H. D. Dubey, AGP for respondent Nos. 1 to 3/State Mr. M. A. Kadu, Advocate for respondent No. 4 CORAM :
G.A. SANAP, J.
DATE :
FEBRUARY 07, 2024.
Heard.
2.
This is an application for condonation of 3677 days delay caused in filing appeal against impugned judgment and award, dated 21.11.2009 passed by the Civil Judge (Sr. Dn.) Yavatmal. The reasons have been stated in the application. In view of the reasons, the application is allowed.
3.
Delay of 3677 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 29.caf.2793.2023 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. 1143 OF 2022 7.
Heard.
8.
ADMIT.
9.
Learned AGP waives service of notice on behalf of respondent Nos. 1 to 3.
10.
Learned Advocate Mr M. A. Kadu waives service of notice on behalf of respondent No. 4.
11.
Call for record and proceedings.
12.
Paper book be filed within twelve weeks from the date of receipt of record and proceedings. (G. A. SANAP, J.) Namrata