Dhanraj Chandu Pawar v. The State Of Maharashtra, Through Its Collector, Yavatmal And Others
2024:BHC-NAG:4920 1 58.caf.921.2024
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CIVIL APPLICATION (CAF) NO. 921 OF 2024 IN FIRST APPEAL (St.) NO. 9795 OF 2023 Dhanraj Chandu Pawar .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 R. J. Shinde Advocate for the appellant Ms M. R. Kavimandan, AGP for respondent Nos. 1 & 2/State Mr. Amit Kukdey, Advocate for respondent No. 3 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 and 2/State.
4.
Learned Advocate Mr Amit Kukdey waives service of notice on behalf of respondent No. 3. 5.
This is an application for condonation of 1403 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.
2 58.caf.921.2024 6.
Delay of 1403 days caused in filing appeal stands condoned.
7.
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 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.
8.
The first appeal be registered.
9.
The civil application stands disposed of, accordingly.
FIRST APPEAL (St.) NO. 9795 OF 2023 10.
Heard.
11.
ADMIT.
12.
Learned AGP waives service of notice on behalf of respondent Nos. 1 and 2/State.
13.
Learned Advocate Mr Amit Kukdey waives
3 58.caf.921.2024 service of notice on behalf of respondent No. 3. 14.
Call for record and proceeding.
15.
Paper book be filed within twelve weeks from the date of receipt of record and proceedings. (G. A. SANAP, J.) Namrata