The Deputy Chief Engineer, Central Railway Division, Ajani, Nagpur v. Shri Jagdamba Devi And Shri Shankarji Devasthan,Yavatmal,Thr. Kulbhushan Gokulprasad Tiwari And ORS
2025:BHC-NAG:2182 11.caf.2770.23 1/2
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR Civil Application [CAF] No.2770 of 2023 in First Appeal St. No.
18193 of The Deputy Chief Engineer, Central Railway Division, Ajani, Nagpur vs.
Shri Jagdamba Devi and Shri Shankarji Devasthan, Yavatmal and others =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.
=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Mr. Nitin Lambat, Advocate for the Applicant/Appellant. Mr. M.M. Agnihotri, Advocate for Non-Applicant/Respondent Nos.1 to 15. Mrs. H.S. Dhande, A.G.P. for Non-Applicant/Respondent Nos.16 & 17.
CORAM
: M.W. CHANDWANI, J.
DATE : 4 th MARCH, 2025.
Heard.
02.
This is an application for condonation of delay filed by the acquiring body in filing the appeal under Section 74 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
03.
Needless to mention, in the case of Municipal Corporation of Grater Mumbai vs. Anusaya Sitaram Devrukhkar and others, this Court has taken a view that the Court has no power to condone the delay beyond a total period of 120 days as stipulated in Section 74(1) of the Act of 2013 and Section 5 of the Limitation Act has no application.
04.
In view of the legal position, the application for condonation of delay is dismissed.
05.
The claimants/respondents are permitted to withdraw the amount of compensation pending before this Court along with accrued
11.caf.2770.23 2/2 interest thereon. Consequently, the first appeal is also dismissed with no order as to costs.
06.
Request to stay this order is refused.
JUDGE *sandesh