Keshav S/O Domaji Admane v. The State Of Maharashtra Through Collector, Wardha And Others

2024:BHC-NAG:2314 1 3.caf.634.2024

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAF) NO. 634 OF 2024 IN FIRST APPEAL (St.) NO. 3917 OF 2020 Keshav S/o. Domaji Admane .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.

Mr R. J. Shine, Advocate for the appellant Mr M. A. Kadu, AGP for respondent Nos. 1 & 2/State CORAM :

G.A. SANAP, J.

DATE :

FEBRUARY 27, 2024.

Heard.

2.

This is an application for condonation of 193 days delay caused in filing the appeal against impugned judgment and order. The reasons have been stated in the application. In view of the reasons, the application is allowed.

3.

Delay of 193 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.634.2024 Online SC 1599), the original land owner/ claimant/ appellant 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. 3917 OF 2020 7.

Heard.

8.

ADMIT.

9.

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

10.

Notice issued to respondent No. 3 made returnable within six weeks.

11.

Call for record and proceedings.

12.

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