Pankaj Balasaheb Machale v. Executive Engineer, Laghu Pathbandhare Vibhag No.2, Karanja Lad And Others

2024:BHC-NAG:7189 20.caf.3624..odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO.3624 OF 2023 IN FIRST APPEAL ST. NO.22061 OF 2023 Pankaj Balasaheb Machale .Vs. Executive Engineer, Laghu Pathbandhare Vibhag No.2, Washim 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 R.N. Ghuge, Advocate for appellant.

Shri K.R. Lule, Advocate for respondent No.1. Shri P.P. Pendke, A.G.P. for respondent Nos.2 and 3/State. CORAM : SANJAY A. DESHMUKH, J.

DATED : 09/07/2024 1.

This is an application for condonation of delay of 239 days caused for filing first appeal.

2.

Heard learned advocates for both side.

3.

Perused the application.

4.

For the reasons stated in the application, the application is allowed in the interest of justice. 5.

Delay caused in filing first appeal is condoned. 6.

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

20.caf.3624..odt enhanced amount of compensation for the delayed period, in case the appeal is allowed.

7.

Civil application is disposed of accordingly. FIRST APPEAL ST. NO.22061 OF 2023 8.

Heard.

9.

Admit.

10.

Call record and proceedings.

11.

Shri Lule learned advocate waives notice for the respondent No.1 and Shri Pendke, learned advocate waives notice for the respondent Nos.2 and 3/State.

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