Gajanan S/O Bhujangrao Shewale (Dead) Thr. Lrs. Sangeeta Wd/O Gajanan Shewale And Others v. The State Of Maharashtra, Thr. Collector, Buldhana And Others

2024:BHC-NAG:4702 1 35.caf.3678.2023

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAF) NO. 3678 OF 2023 IN FIRST APPEAL (St.) NO. 9823 OF 2023 Gajanan S/o. Bhujangrao Shewale through LR's .VS. State of Maharashtra, through Collector, Buldhana 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. S. Dhore, Advocate for the appellant Ms Sonia Thakur, AGP for respondent Nos. 1 & 2/State Mr. U. A. Gosavi, Advocate for respondent No. 3 CORAM :

G.A. SANAP, J.

DATE :

APRIL 24, 2024.

Heard.

2.

This is an application for condonation of 1836 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.

3.

Delay of 1836 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

2 35.caf.3678.2023 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 first appeal be registered.

6.

The civil application stands disposed of, accordingly.

FIRST APPEAL (St.) NO.9823 OF 2023 7.

Heard.

8.

ADMIT.

9.

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

10.

Learned Advocate Mr U. A. Gosavi 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 proceedings. (G. A. SANAP, J.) Namrata