Vishnu Raman Sonun v. The State Of Maharashtra, Through Collector, Yavatmal And Others

2024:BHC-NAG:7190 19.caf.3158.23.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO.3158 OF 2023 IN FIRST APPEAL ST. NO.14875 OF 2023 Vishnu Raman Sonune .Vs. The State of Mah., 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 Ahishek Zade, Adv. h/f Shri V.N. Patre, Adv. for appellant. Shri Pavan Sarise, Adv. h/f Shri Tariq Zaheer, Adv. for respondent No.3. Shri M.A. Kadu, A.G.P. for respondent Nos.1 and 2/State. CORAM : SANJAY A. DESHMUKH, J.

DATED : 09/07/2024 1.

This is an application for condonation of delay of 490 days caused in filing first appeal.

2.

Heard learned advocates for both side.

3.

Perused the application.

4.

Considering peculiar facts of the present application, the application is deserved to be allowed. The application is allowed in the interest of justice. 5.

Delay caused in filing 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 interest payment under the Land Acquisition Act on the C.L. Dhakate

19.caf.3158.23.odt enhanced amount of compensation for the delayed period, in case the appeal is allowed.

7.

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