← Library
Bombay High CourtCAF/1554/2022allowed

Ramdas S/O Janardhan Talware v. State Of Maharashtra Through Collector, Yavatmal And Others

2024-03-12Hon'Ble Shri Justice G. A. Sanap2 pages

31 caf 1554.22.odt..odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION NO.1554 OF 2022 IN FIRST APPEAL ST. NO.8606 OF 2020 Ramdas s/o Janardhan Talware .Vs.

State of Maharashtra and Ors.

_______________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Mr. A.J. Mirza, Advocate for appellant.

Mr. Suraj Hulke, AGP for respondent Nos.1 and 2. Mr. T.M. Zaheer, Advocate for respondent No.3. CORAM :

G.A. SANAP, J.

DATE :

12/03/2024 Heard.

2.

This is an application for condonation of 298 days delay caused in filing appeal against impugned judgment and award, dated 14.02.2019 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 298 days caused in filing the 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

31 caf 1554.22.odt..odt (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.

5.

The appeal be registered.

6.

The civil application stands disposed of, accordingly.

FIRST APPEAL (St.) NO. 8606 OF 2020 7.

Heard.

8.

ADMIT.

9.

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

10.

Mr. T.M. Zaheer, Learned Advocate waives service of notice on behalf of respondent No.3. 11.

Call record and proceedings.

12.

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