Suresh Seva Rathod v. State Of Maharashtra Through Collector, Yavatmal And Others

2024:BHC-NAG:983 -1- 1.CAF.228.2024.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. 1565 OF 2022 Suresh Seva Rathod Vs.

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. C.B. Dharmadhikari, Advocate for the Applicant/Appellant. Mr. K.R. Lule, AGP for Respondent Nos.1 & 2/State. Mr. P.B. Patil, Advocate for Respondent No.3. CORAM : G. A. SANAP, J.

DATED : 23 rd JANUARY, 2024.

.

Issue notice to the respondents.

2.

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

3.

Learned advocate Mr. P.B. Patil waives service of notice on behalf of respondent No.3.

4.

Heard learned advocates for the parties. Perused the record and proceedings.

5.

This is an application for condonation of 2485 days delay caused in filing an appeal against the impugned judgment and decree dated 26.02.2013, passed by the Reference Court. The reasons have been stated in the application. 6.

Learned AGP for respondent Nos.1 and 2, relying upon a decision in the case of New Okhla Industrial

-2- 1.CAF.228.2024.odt 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. 7.

Learned advocate for the applicant/appellant submits that the Court may pass an appropriate order. 8.

In view of the above, the application is allowed. Delay of 2485 days caused in filing the appeal, is condoned. 9.

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 2485 days, in case the appeal is allowed. 10.

The appeal be registered.

11.

The application stands disposed of, accordingly. FIRST APPEAL ST. NO. 1565 OF 2022 12.

Heard.

13.

Admit.

14.

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

15.

Learned advocate Mr. P.B. Patil waives service of notice on behalf of respondent No.3.

-3- 1.CAF.228.2024.odt 16.

Call for record and proceedings.

17.

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: 24/01/2024 20:03:14