The Deputy Chief Engineer, Central Railway Division, Ajani, Nagpur v. Pramod Jagdish Tiwari And Others

2025:BHC-NAG:2278 9 CAF-3070-2023

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (F) NO.3070 OF 2023 IN FIRST APPEAL (ST) NO.18580 OF 2023 [The Deputy Chief Engineer ..Vs.. Pramod Jagdish Prasad Tiwari and Ors.] ______________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Mr N. Lambat, Advocate for Applicant/Appellant. Mr M. M. Agnihotri, Advocate for Non-Applicant/Respondent No.1. Mr K. R. Lule, AGP for Non-applicants/State.

CORAM

: M. W. CHANDWANI, J.

DATE : 5 th MARCH, 2025.

1.

Heard.

2.

This is an application for condonation of delay of 495 days in filing the appeal under Section 74 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as, "the Act of 2013").

3.

Needless to mention that in the case of Municipal Corporation of Grater Mumbai vs. Anusaya Sitaram Devrukhkar and Ors, 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, 1963 has no application.

4.

In view of the settled legal position, the application for condonation of delay is dismissed.

9 CAF-3070-2023 5.

The claimant/respondent is permitted to withdraw the amount of compensation pending before this Court alongwith accrued interest thereon. Consequently, the first appeal is also dismissed with no order as to costs. 6.

Request to stay this order is refused.

JUDGE Tambe