Ramesh S/O Kashinath Doifode (Dead)Thr. Lrs. Smt. Satyabhama Wd/O Ramesh Doifode And Others v. The State Of Maharashtra, Through The Collector, Nagpur
1 32.cao.60.2024
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CIVIL APPLICATION (CAF) NO. 60 OF 2024 IN FIRST APPEAL (St.) NO. 11685 OF 2023 Ramesh S/o. Kashinath Doifode (dead) through LR's and others .VS.
The State of Maharashtra, through Collector, Nagpur _______________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders.
and Registrar's Orders.
Mr Rajkumari Rai, Advocate for the appellants Ms Mukta Kavimandan, AGP for respondent/State CORAM :
G.A. SANAP, J.
DATE :
APRIL 30, 2024.
Heard.
2.
Issue notice to the respondent.
3.
Learned AGP waives service of notice on behalf of respondent/State.
4.
This is an application for condonation of 5822 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.
5.
Delay of 5822 days caused in filing appeal stands condoned.
2 32.cao.60.2024 6.
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.
7.
The first appeal be registered.
8.
The civil application stands disposed of, accordingly.
FIRST APPEAL (St.) NO. 11685 OF 2023 9.
Heard.
10.
ADMIT.
11.
Learned AGP waives service of notice on behalf of respondent/State.
12.
Call for record and proceeding.
13.
Paper book be filed within twelve weeks from the date of receipt of record and proceedings. (G. A. SANAP, J.) Namrata