Vitthal Laxman Bhasme (Dead) Thr. Lrs. Gayanabai Vitthal Bhasme (Dead) And Others v. The State Of Maharashtra Through Collector, Yavatmal And Others

2024:BHC-NAG:4921 1 63.caf.1210.2024

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAF) NO. 1210 OF 2024 IN FIRST APPEAL (St.) NO. 24992 OF 2023 Vitthal Laxman Bhasme (dead) through LR's and others .VS.

The State of Maharashtra, through Collector, Yavatmal and others _______________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Mr Paras Rathi, Advocate for the appellants Ms Sonia Thakur, AGP for respondent Nos. 1 & 2/State Mr. M. A. Kadu, Advocate for respondent Nos. 3 and 4 CORAM :

G.A. SANAP, J.

DATE :

APRIL 24, 2024.

Heard.

2.

Issue notice to the respondents.

3.

Learned AGP waives service of notice on behalf of respondent Nos. 1 and 2/State.

4.

Learned Advocate Mr M. A. Kadu waives service of notice on behalf of respondent Nos. 3 and 4. 5.

This is an application for condonation of 9840 days delay caused in filing appeal against impugned judgment and award. The reasons have been stated in the application. In view of the reasons, the application is allowed.

2 63.caf.1210.2024 6.

Delay of 9840 days caused in filing appeal stands condoned.

7.

It is made clear that in view of the decision in the case of New Okhla Industrial Development Authority Vs. 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 payable under the Land Acquisition Act on the enhanced amount of compensation for the delayed period, in case the appeal is allowed.

8.

The first appeal be registered.

9.

The civil application stands disposed of, accordingly.

FIRST APPEAL (St.) NO. 24992 OF 2023 10.

Heard.

11.

ADMIT.

12.

Learned AGP waives service of notice on behalf of respondent Nos. 1 and 2/State.

13.

Learned Advocate Mr M. A. Kadu waives service

3 63.caf.1210.2024 of notice on behalf of respondent Nos. 3 and 4. 14.

Learned Advocate for the appellants submitted that the matter is covered by the decision of this Court. 15.

Stand over after two weeks.

(G. A. SANAP, J.) Namrata