Dinesh S/O Suryabhan Talware v. State Of Maharashtra Through Collector, Yavatmal And 2 Others

2024:BHC-NAG:2311 1 34.caf.1615.2022

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAF) NO. 1615 OF 2022 IN FIRST APPEAL (St.) NO. 8648 OF 2020 Dinesh S/o. Suryabhan Talware .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. J. Mirza, Advocate for the appellant Ms Mrunal Naik, AGP for respondent Nos. 1 & 2/State Mr S. K. Bhoyar, Advocate for respondent No.3 CORAM :

G.A. SANAP, J.

DATE :

FEBRUARY 27, 2024.

Heard.

2.

This is an application for condonation of 474 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 474 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 Online SC 1599), the original land owner/ claimant/

2 34.caf.1615.2022 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. 8648 OF 2020 7.

Heard.

8.

ADMIT.

9.

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

10.

Learned Advocate Mr S. K. Bhoyar waives service of notice on behalf of respondent No. 3. 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