Yeshwant S/O Jagannath Surkar v. The State Of Maharashtra Through Collector, Wardha And Others

2024:BHC-NAG:10064 1 10-CAF-641-24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAF) NO. 641 OF 2024 IN FIRST APPEAL ST. NO.11122 OF 2022 YESHWANT S/O JAGANNATH SURKAR Vrs.

THE STATE OF MAHARASHTRA AND OTHERS -------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order --------------------------------------------------------------------------------------------------------- Shri Raju S. Yeotkar, Advocate for applicant/appellant. Ms. D. I. Charlewar, AGP for respondent Nos.1 and 2. Shri Tejal Thombre, Advocate h/f Shri U. A. Gosavi, Advocate for respondent No.3.

CORAM: SANJAY A. DESHMUKH, J.

DATE : 04/09/2024.

1.

This is an application for condonation of delay of 356 days caused for preferring the appeal. 2.

Perused the application.

3.

Heard learned Advocates for both sides.

4.

Learned counsel for the respondents have strongly opposed the application.

5.

The reason stated in the application is that wife of appellant died by Cancer. She was suffering from illness for most of the period. Therefore, applicant could not manage to file appeal within limitation period. The reason given in the application appears to be genuine. Delay is not deliberately caused.

6.

Considering all these aspects, the application deserves to be allowed in the interest of justice.

2 10-CAF-641-24.odt 7.

The application is allowed and delay of 356 days is condoned.

8.

Application is disposed of.

9.

It is clarified that the applicant shall not be entitled for the statutory benefits, like interest, etc. if the appeal is allowed and amount of compensation is enhanced in view of Judgment of Hon'ble Supreme Court in the case of New Okhla Industrial Development Authority v. Rameshwar @ Ramesh Chandra Sharma (Dead), through Legal Heir and another (2022 SCC Online SC 1599) for the delayed period.

FIRST APPEAL ST. NO.11122 OF 2022 10.

Issue notice to the respondents.

11.

Ms. D. I. Charlewar, learned AGP waives service of notice for respondent Nos.1 and 2. 12.

Shri Tejal Thombre, Advocate h/f Shri U. A.

Gosavi,, learned counsel waives service of notice for respondent No.3.

13.

Call for Record and Proceedings.

14.

Stand over after six weeks.

[SANJAY A. DESHMUKH, J.] Choulwar Signed by: V.M. Choulwar (VMC) Designation: PS To Honourable Judge Date: 06/09/2024 16:40:30