Shri. Madhukar S/O Kisan Chaudhari v. The State Of Maharashtra, Thr. The Collector, Yavatmal And Others

2024:BHC-NAG:9164 1 25caf2229.24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION [CAF] NO.2229 OF 2024 IN FIRST APPEAL ST. NO.15764 OF 2024 [Shri Madhukar s/o Kisan Chaudhari .vs. The State of Maharashtra and others] - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri S.V. Ingole, Advocate for Appellant.

Shri P.P. Pendke, AGP for Respondent Nos.1 and 2, Shri M.A. Kadu, Advocate for Respondent No.3. ..........

C ORAM : SANJAY A. DESHMUKH, J.

D ATE : 19 th AUGUST, 2024.

This is an application for condonation of delay filed under Section 5 of the Limitation Act. The delay of 2273 days is caused for filing an appeal.

2.

Heard learned Counsel for both sides.

3.

Considering the fact that the delay shall be condoned liberally, the application deserves to be allowed. The delay of 2273 days is hereby condoned in the interest of justice. The application is allowed and disposed of. 4.

It is clarified that if the amount of compensation is enhanced by this Court, the applicant/appellant shall not be entitled to the interest on delayed period, in view of the judgment of the Supreme Court in the case of New Okhla Industrial Development Authority .vs. Rameshwar @ Ramesh Chandra Sharma, reported in 2022 (16) Scale 653.

2 25caf2229.24.odt FIRST APPEAL ST. NO.15764/2024 1.

Heard.

2.

Issue notice to the respondents, returnable on 2nd September, 2024.

3.

Shri P.P. Pendke, learned Assistant Government Pleader waives notice for respondent nos.1 and 2 and Shri M.A. Kadu, learned Advocate waives notice for respondent no.3.

(SANJAY A. DESHMUKH, J.) Gulande