Sopan Ramchandra Dehanikar v. State Ofmaharashtra Thr. Collector Amravati And ORS

2024:BHC-NAG:6385 19.mca.951.22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAO) N.951 OF 2022 IN M.C.A. ST. NO.16674 OF 2022 IN FIRST APPEAL ST. NO.1262 OF 2013 Sopan Ramchandra Dehnikar .Vs. The State of Mah., through Collector, Amravati, Dist. Amravati 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 M.A. Kadu, A.G.P. for respondent Nos.1 and 2/State. CORAM : SANJAY A. DESHMUKH, J.

DATED : 21/06/2024 1.

Heard Shri Patre, learned counsel for the appellant and Shri Kadu, learned A.G.P. for the respondent Nos.1 and 2/State.

2.

This is an application for condonation of delay under Section 5 of the Limitation Act for filing the restoration of first appeal.

3.

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.mca.951.22.odt enhanced amount of compensation for the delayed period, in case the appeal is allowed.

4.

For the reason stated in the application, the application is allowed.

5.

The civil application stands disposed of, accordingly.

FIRST APPEAL NO.1262 OF 2013 6.

The learned Advocate for the appellant is ready to submit the paper book within four weeks.

7.

Leave is granted as prayed for.

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