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Bombay High CourtCAF/2251/2024allowed

Shri. Gajanan S/O Namdeo Dive v. The State Of Maharashtra, Thr. The Collector, Yavatmal And Others

2024-08-20Hon'Ble Shri Justice Sanjay Anandrao Deshmukh2 pages

2024:BHC-NAG:9216 22.caf.2251.24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO.2251 OF 2024 IN FIRST APPEAL ST. NO.15686 OF 2024 Shri Gajanan S/o Namdeo Dive .Vs. The State of Mah., 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 S.V. Ingole, Advocate for appellant.

Shri P.P. Pendke, A.G.P. for respondents Nos.1 and 2/State. Shri M.A. Kadu, advocate for the respondent Nos.3 and 4. CORAM : SANJAY A. DESHMUKH, J.

DATED : 20/08/2024 1.

Issue notice to the respondents, returnable on 26.08.2024.

2.

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

3.

Shri Kadu, learned advocate waives service of notice for the respondent Nos.3 and 4.

4.

This is an application for condonation of delay of 2149 days caused for preferring first appeal. 5.

Heard learned advocates for both sides.

6.

Perused the application.

7.

Considering reasons stated in the application, the application deserves to be allowed in the interest of justice. The application is allowed as prayed for. 8.

It is made clear that in view of the decision in the case of New Okhla Industrial Development Authority v. C.L. Dhakate

22.caf.2251.24.odt 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 enhanced amount of compensation for the delayed period, in case the appeal is allowed.

9.

The civil application stands disposed of, accordingly.

FIRST APPEAL ST. NO.15686 OF 2024 10.

Issue notice to the respondents, returnable on 26.08.2024.

11.

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

12.

Shri Kadu, learned advocate waives service of notice for the respondent Nos.3 and 4.

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