Uttamchand Suganchand Bothra And Other v. The State Of Maharashtra, Through The Collector, Yavatmal And Others

2024:BHC-NAG:4342 1 3 caf 1143.24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAF) NO. 1143 OF 2024 IN FIRST APPEAL (St.) NO. 2502 OF 2024 Uttamchand Suganchand Bothra and another .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 Ms K.H. Bhondge, AGP for respondent Nos. 1 and 2/State Ms Mallika Babhulkar, Advocate h/f Mr. M. A. Kadu, Advocate for respondent No.3. CORAM :

G.A. SANAP, J.

DATE :

th APRIL, 2024.

Heard.

2.

This is an application for condonation of 550 days delay caused in filing appeal against impugned judgment and award, dated 06.05.2022 passed by the Joint Civil Judge (Sr. Dn.) Kelapur in L.A.C. No.9/2011. The reasons have been stated in the application. In view of the reasons, the application is allowed.

3.

Delay of 550 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 3 caf 1143.24 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. 2502 OF 2024 7.

Heard.

8.

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

9.

Learned Advocate Ms Mallika Babhulkar waives service of notice on behalf of respondent No. 3. 10.

Call for record and proceedings.

11.

Paper book be filed within twelve weeks from the date of receipt of record and proceedings. (G. A. SANAP, J.) manisha