Ramesh @ Suryakant S/O Ramkrushna Asegaonkar (Dead) Thr. Lrs. Rohini Wd/O Ramesh Asegaonkar And Oth v. The State Of Maharashtra Through Collector, Yavatmal And Others
2024:BHC-NAG:5083 1 45.caf.61.2024
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CIVIL APPLICATION (CAF) NO. 61 OF 2024 IN FIRST APPEAL (St.) NO. 4761 OF 2021 Ramesh @ Suryakant S/o. Ramkrushna Asegaonkar (dead) through Legal heirs .VS.
The State of Maharashtra, through Collector, Yavatmal 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 P. P. Deshmukh, Advocate for the appellants Ms Sonia Thakur, AGP for respondent Nos. 1 to 3/State CORAM :
G.A. SANAP, J.
DATE :
APRIL 24, 2024.
Heard.
2.
Issue notice to the respondents.
3.
Learned AGP waives service of notice on behalf of respondent Nos. 1 to 3/State.
4.
This is an application for condonation of 4064 days delay caused in filing appeal against impugned judgment and award. The reasons have been stated in the application. In view of the reasons, the application is allowed.
5.
Delay of 4064 days caused in filing appeal stands condoned.
6.
It is made clear that in view of the decision in
2 45.caf.61.2024 the case of New Okhla Industrial Development Authority Vs. Rameshwar @ Ramesh Chandra Sharma (Dead), through Legal Heir and another (2022 SCC 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.
7.
The first appeal be registered.
8.
The civil application stands disposed of, accordingly.
FIRST APPEAL (St.) NO. 4761 OF 2021 9.
Heard.
10.
ADMIT.
11.
Learned AGP waives service of notice on behalf of respondent Nos. 1 to 3/State.
12.
Call for record and proceedings.
13.
Paper book be filed within twelve weeks from the date of receipt of record and proceedings. (G. A. SANAP, J.) Namrata