Shri. Vijaykumar Vasantrao Bhise v. The State Of Maharashtra, Through Collector, Akola And Others

2024:BHC-NAG:10038 17.caf.1820.24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO.1820 OF 2024 FIRST APPEAL ST. NO.5198 OF 2024 Shri Vijaykumar Vasantrao Bhise .Vs. State of Mah, and others Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Shri U.V. Chakravarty, Adv. h/f Shri N.S. Warukar, Adv. for appellant. Ms Deepa I. Charlewar, A.G.P. for respondent Nos.1 and 2/State. Shri M.A. Kadu, Advocate for respondent No.3. CORAM : SANJAY A. DESHMUKH, J.

DATED : 05/09/2024 1.

This is an application for condonation of delay of 1101 days caused for filing first appeal.

2.

Heard learned advocates for both sides.

3.

Perused the application.

4.

For the reasons stated in the application and fact that, delay is not deliberately caused, the delay is condoned in the interest of justice.

5.

It is made clear that in view of the decision in the case of New Okhla Industrial Development Authority v. 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 payment under the Land Acquisition Act on the C.L. Dhakate

17.caf.1820.24.odt enhanced amount of compensation for the delayed period, in case the appeal is allowed.

6.

The civil application stands disposed of, accordingly.

FIRST APPEAL ST. N.5198 OF 2024 7.

Heard.

8.

ADMIT.

9.

Call record and proceedings.

10.

Issue notice to the respondents, returnable after six weeks.

11.

Learned A.G.P. waives service of notice for the respondent Nos.1 and 2/State.

12.

Shri Kadu, learned advocate waives service of notice for the respondent No.3.

(SANJAY A. DESHMUKH, J.) C.L. Dhakate