Laxaman Pundlik Mang v. The State Of Maharashtra Through Collector, Yavatmal
2024:BHC-NAG:945 1 2 caf229.24.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
: NAGPUR BENCH : NAGPUR.
CIVIL APPLICATION (CAF) NO. 229 OF 2024 IN FIRST APPEAL ST. NO. 17684 OF 2022 LAXMAN PUNDLIK MANG
VERSUS
STATE OF MAH., THRU. COLLECTOR, YAVATMAL AND OTHERS ------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order ------------------------------------------------------------------------------------------------------- Mr. Paras Rathi, Advocate for the appellant. Mrs. Mrunal Naik, A.G.P. for respondent nos.1 to 3 Mr. M. A. Kadu, Advocate for respondent no.4 CORAM :
G. A. SANAP, J.
DATE :
JANUARY , 20 24.
1.
Heard learned advocates for the parties.
2.
Issue notice to the respondents.
3.
Mrs. Mrunal S. Naik, learned Assistant Government Pleader waives service of notice on behalf of respondent nos.1 to 3.
4.
Mr. M. A. Kadu, learned advocate waives service of notice on behalf of respondent no.4.
5.
This is an application for condonation of 9970 days delay caused in filing appeal against impugned judgment and award, dated 20.04.1993 passed by the Reference Court. The reasons have been stated in the application. 6.
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), delay can be
2 2 caf229.24.odt condoned, subject to condition that 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, 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 9970 days caused in filing appeal stands condoned.
9.
It is made clear that 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 of 9970 days, in case the appeal is allowed.
10.
The appeal be registered.
11.
The application stands disposed of, accordingly. FIRST APPEAL (ST.) No. 17684 of 2022 1.
Heard.
2.
ADMIT.
3.
Mrs. Mrunal S. Naik, learned Assistant Government Pleader waives service of notice on behalf of respondent nos.1 to 3.
4.
Mr. M. A. Kadu, learned advocate waives service of notice on behalf of respondent no.4.
5.
Learned advocate for respondent no.4 submits that the matter is covered by the earlier decision of this Court.
3 2 caf229.24.odt 6.
List this matter along with Misc. Civil Application No. 2680/2022 (V.I.D.C. .vs. Dattaram Paul), on 29.01.2024. Parties to note that on this day, the Court may dispose of the matter finally.
( G. A. SANAP, J.) Diwale Signed by: DIWALE Designation: PS To Honourable Judge Date: 23/01/2024 19:10:51