The Deputy Chief Engineer, Central Railway Division, Ajani, Nagpur v. Vivek Rajkishor Tiwari And Others

2025:BHC-NAG:3364 B CAF-2772-2023

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (F) NO.2772 OF 2023 IN FIRST APPEAL (ST) NO.18588 OF 2023 [The Deputy Chief Engineer ..Vs.. Vivek Rajkishor 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 the Applicant.

Mr M. M. Agnihotri, Advocate for Non-Applicant No.1. Ms M. Naik, AGP for Non-Applicant/State.

CORAM

: M. W. CHANDWANI, J.

DATE : 28 th MARCH , 2025 .

1.

Heard.

2.

This is an application for condonation of delay of 494 days caused in filing the appeal under Section 74 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

3.

Needless to mention, 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 legal position, the application for condonation of delay is dismissed.

B CAF-2772-2023 5.

The claimant/respondent is permitted to withdraw the amount of compensation in terms of the award pending before this Court alongwith the 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