Sanjay S/O Sudamdeo Wankhede v. The State Of Maharashtra Through Collector, Yavatmal And Others

2025:BHC-NAG:1029 1 18.caf.552.24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CIVIL APPLICATION (CAF) NO. 552/2024 IN FIRST APPEAL (ST) NO. 25385/2023 Sanjay s/o. Sudamdeo Wankhede Vs.

The State of Maharashtra and Ors.

................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order or directions and Registrar's orders ................................................................................................................................................... Mr. Paras Rahi, Advocate h/f. Mr. A. P. Deshmukh, Advocate for Appellant. Mr. I. J. Damle, A.G.P for Respondents/State. Ms M. Babhulkar, Advocate for respondent Nos.3 and 4. CORAM :

MRS. VRUSHALI V. JOSHI, J.

DATED :

03.02.2025 .

This is an application for condonation of delay of 10931 days in filing appeal.

2.

The respondents are served.

3.

The learned Counsel for the appellant stated that the appellant being illiterate person was not aware that he can challenge the award for enhancement. In several matters of the same project, he came to know about the judgment passed in favour of the claimants, therefore, he has approached the Counsel and as such there is a delay of 10931 days in filing appeal.

4.

The respondents objected to condone the delay. 5.

As per judgment of New Okhla Industrial Development Authority Vs. Rameshwar @ Ramesh Chandra Sharma (Dead), through Legal Heir and Another [2022 SCC Online SC 1599], the delay is condoned subject to condition that the original land owner shall not be entitled to get any statutory benefits, including the interest payable under the

2 18.caf.552.24.odt Land Acquisition Act on the enhanced amount of compensation for the delayed period.

6.

The application stands disposed of accordingly. 7.

The appeal be registered.

FIRST APPEAL (ST) NO. 25385/2023 .

Heard.

2.

Admit.

3.

Mr. I. J. Damle, learned A.G.P. waives notice of hearing for respondents/State.

4.

Ms M. Babhulkar, learned Counsel waives notice of hearing for respondent Nos.3 and 4.

5.

Call for record and proceedings.

(MRS.VRUSHALI V. JOSHI, J.) RGurnule