Dilip Champatrao Marbade v. The State Of Maharashtra Through Collector, Yavatmal And 2 Others

22.cao.753.24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAO) NO.753 OF 2024 IN M.C.A. ST. NO.12144 OF 2024 IN FIRST APPEAL ST. NO.24116 OF 2019 Dilip Champatrao Marbade .Vs. The State of Maharashtra, through Collector, Yavatmal and others Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Shri A.B. Nakshane, Advocate for appellant.

Shri P.P. Pendke, A.G.P. for respondent/State. CORAM : SANJAY A. DESHMUKH, J.

DATED : 09/07/2024 1.

This is an application for condonation of delay of 588 days caused for filing revision against registrar's order dated 18.10.2022. The office objections were not removed therefore, the appeal was dismissed for not removing office objections.

2.

Heard learned advocates for both side.

3.

Perused the application.

4.

For the reasons stated in the application, the application is allowed in the interest of justice. 5.

Delay caused in filing revision is condoned.

6.

It is made clear that in view of the decision in the case of New Okhla Industrial Development Authority v. Rameshwar @ Ramesh Chandra Sharma (Dead), through Legal Heir and another (2022 SCC Online SC 1599), the C.L. Dhakate

22.cao.753.24.odt original land owners/claimants/appellants herein shall not be entitled to get any statutory benefits, including the interest payment under the Land Acquisition Act on the enhanced amount of compensation for the delayed period, in case the appeal is allowed.

7.

The appellant shall remove all office objections within a week.

8.

Civil application is disposed of accordingly. (SANJAY A. DESHMUKH, J.) C.L. Dhakate