Pandhari Bajrang Munje v. The Executive Engineer Lower Canal Division (Laghu Patbandhare Vibhag, Washim) And Others

2024:BHC-NAG:7477 16.caf.665.22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO.665 OF 2022 IN FIRST APPEAL ST. NO.13412 OF 2020 Pandhari Bajrang Munje .Vs. The Executive Engineer, Dist. Washim 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 V.N. Patre, Advocate for appellant.

Shri P.P. Pendke, A.G.P. for respondent/State. Shri T.M. Zaheer, Advocate for respondent No.1. CORAM : SANJAY A. DESHMUKH, J.

DATED : 15/07/2024 1.

This is an application for condonation of delay of 885 days caused in filing first appeal.

2.

Perused the application.

3.

Heard learned advocates for both side.

4.

The learned advocate for the respondent has strongly opposed the application.

5.

Considering peculiar facts of the case, the application deserves to be allowed and delay of 885 days caused for filing the first appeal 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 original land owners/claimants/appellants herein shall not be entitled to get any statutory benefits, including the C.L. Dhakate

16.caf.665.22.odt interest payment under the Land Acquisition Act on the enhanced amount of compensation for the delayed period. 7.

The civil application stands disposed of, accordingly.

FIRST APPEAL ST. NO.13412 OF 2020 8.

Heard.

9.

Admit.

10.

Call record and proceedings.

11.

Shri Zaheer, learned advocate waives service of notice for the respondent No.1.

12.

Shri Pendke, learned A.G.P. waives service of notice for the respondent/State.

13.

Stand over after four weeks.

(SANJAY A. DESHMUKH, J.) C.L. Dhakate