Shri Vilas S/O Krushnarao Raut (Dead) Through Lrs. Prashant S/O Vilas Raut v. The State Of Maharashtra Through Collector, Yavatmal And 2 Others

2024:BHC-NAG:324 -1- 4.CAF.38.2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR C IVIL APPLICATION (CA F ) NO.

OF 20 IN FIRST APPEAL ST. NO. 9120 OF 2020 Shri Vilas S/o. Krushnarao Raut (Dead) thr. L.R. Vs.

The State of Maharashtra through Collector, Yavatmal & Ors. ********************************************************************************************** Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders ********************************************************************************************** Mr. P.P. Deshmukh, Advocate for the Applicant/Appellant. Ms. Mrunal Naik, AGP for Respondent Nos.1 & 2/State. Mr. M.A. Kadu, Advocate for Respondent No.3.

CORAM : G. A. SANAP, J.

DATED : 9 th JANUARY, 2024.

Heard learned advocates for the parties.

2.

Ms. Mrunal Naik, learned AGP waives service of notice on behalf of respondent Nos.1 and 2.

3.

Mr. M.A. Kadu, learned advocate waives service of notice on behalf of respondent No.3.

4.

This is an application for condonation of 293 days delay caused in filing an appeal against the impugned judgment and award dated 05.09.2019, passed by the Reference Court. The reasons have been stated in the application. 5.

Learned AGP for respondent Nos.1 and 2, relying upon a 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], submits that delay may be condoned, subject

-2- 4.CAF.38.2024.odt to condition that the original land owner/claimant/appellant herein shall not be entitled to get statutory benefits, including the interest payable under the Land Acquisition Act, 1894 on the enhanced amount of compensation for the delayed period. 6.

Learned advocate for the applicant/appellant submits that the Court may pass an appropriate order. 7.

In view of the above, the application is allowed. Delay of 293 days caused in filing the appeal, is condoned. 8.

It is made clear that the original land owner/claimant/appellant 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 of 293 days, in case the appeal is allowed. 9.

The appeal be registered.

10.

The application stands disposed of, accordingly. FIRST APPEAL ST. NO. 9120 OF 2020 11.

Heard.

12.

Admit.

13.

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

14.

Learned advocate Mr. M.A. Kadu waives service of notice on behalf of respondent No.3.

15.

Call for record and proceedings.

-3- 4.CAF.38.2024.odt 16.

Paper-book be filed within twelve weeks from the date of receipt of record and proceedings.

17.

All office objections be removed within four weeks. 18.

If the office objections are not removed within four weeks, then the matter shall stand dismissed without further reference to the Court.

(G. A. SANAP, J.) Vijay Signed by: Mr. Vijay Kumar Designation: PA To Honourable Judge Date: 10/01/2024 19:37:23