Parshram Waghu Dumare (Since Dead) Thr. Pushpa Shankar Dumare v. The State Of Maharashtra Through The Collector, Yavatmal And Others

2024:BHC-NAG:4828 -1- 128.CAF.240.2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (CAF) NO. 240 OF 2024 IN FIRST APPEAL ST. NO. 6095 OF 2020 Parashram Waghu Dumare (Dead) thr. L.R.

Vs.

The State of Maharashtra & Ors.

********************************************************************************************** Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders ********************************************************************************************** Mr. V.N. Patre, Advocate for the Applicant/Appellant. Ms. Prachi Joshi, AGP for Respondent Nos.1 & 3. Mr. A.M. Kukday, Advocate for Respondent No.2. CORAM : G. A. SANAP, J.

DATED : 23 rd APRIL, 2024.

.

Heard learned advocates for the parties.

2.

This is an application for condonation of 387 days delay caused in filing the appeal against the impugned judgment and award dated 29.11.2018 passed by the Reference Court. The reasons have been stated in the application. 3.

Learned AGP for respondent Nos.1 and 3, 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 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.

-2- 128.CAF.240.2024.odt 4.

Learned advocate for the applicant/appellant submits that the Court may pass an appropriate order. 5.

In view of the above, the application is allowed. Delay of 387 days caused in filing the appeal, is condoned. 6.

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 387 days, in case the appeal is allowed. 7.

The appeal be registered.

8.

The application stands disposed of, accordingly. FIRST APPEAL ST. NO. 6095 OF 2020 9.

Heard.

10.

ADMIT.

11.

Learned AGP waives service of notice on behalf of respondent Nos.1 and 3.

12.

Learned advocate Mr. A.M. Kukday waives service of notice on behalf of respondent No.2.

13.

Call for record and proceedings.

14.

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

(G. A. SANAP, J.) Vijay Signed by: Mr. Vijay Kumar Designation: PA To Honourable Judge Date: 26/04/2024 11:13:58