Shri. Dhanraj Vachu Chauhan v. The State Of Maharashtra Thr. Collector, Yavatmal And Others
2024:BHC-NAG:9722 12.fa.884.24.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO.2388 OF 2024 IN FIRST APPEAL NO.884 OF 2024 Shri Dhanraj Vachu Chauhan .Vs. State of Mah., through Collector, Yavatmal & Ors. Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Shri I.M. Ghngade, Advocate for appellant.
Shri P.P. Pendke, A.G.P. for respondent Nos.1 and 2/State. Shri T.M. Zaheer, Advocate for respondent No.3. CORAM : SANJAY A. DESHMUKH, J.
DATED : 29/08/2024 1.
Issue notice to the respondents, returnable after two weeks.
2.
Shri Pendke, learned A.G.P. waives service of notice for the respondent Nos.1 and 2/State.
3.
Shri Zaheer, learned advocate waives service of notice for the respondent No.3.
4.
This is an application for condonation of delay of 2650 days.
5.
Heard learned advocates for both sides.
6.
Perused the application.
7.
For the reasons stated in the application, delay is not intentionally caused therefore, the application deserves to be allowed.
8.
It is made clear that in view of the decision in the case of New Okhla Industrial Development Authority v. C.L. Dhakate
12.fa.884.24.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 application is allowed and disposed of.
FIRST APPEAL NO.884 OF 2024 10.
Issue notice to the respondents, returnable after two weeks.
11.
Shri Pendke, learned A.G.P. waives service of notice for the respondent Nos.1 and 2/State.
12.
Shri Zaheer, learned advocate waives service of notice for the respondent No.3.
(SANJAY A. DESHMUKH, J.) C.L. Dhakate