Laxmibai Namdeo Borchate (Dead), Kailash Namdeo Borchate And Others v. The State Of Maharashtra Through The Collector, Yavatmal Others

1 18-CAF-1924-24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAF) NO. 1924 OF 2024 IN FIRST APPEAL ST. NO. 11196 OF 2022 LAXMIBAI NAMDEO BORCHATE (DEAD) KAILASH NAMDEO BORCHATE (DEAD) THROUGH LRS AND OTHERS 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 S. V. Ingole, Advocate for applicants/appellants. Shri P. P. Pendke, AGP for respondent Nos.1 and 2. Shri M.A.Kadu, Advocate for respondent No.3.

CORAM: SANJAY A. DESHMUKH, J.

DATE : 25/07/2024.

1.

This is an application for condonation of delay of 1363 days caused for preferring the appeal. 2.

Issue notice to the respondents.

3.

Shri P.P. Pendke, learned AGP waives service of notice for respondent Nos.1 and 2.

4.

Shri M.A. Kadu, learned Advocate waives service of notice for respondent No.3.

5.

Perused the application.

6.

Heard learned Advocates for both sides.

7.

Considering the peculiar set of facts, it would be proper to condone the delay, in the interest of justice. The delay of 1363 days for preferring this appeal is condoned with condition that the applicants shall not be entitled for interest on the amount of compensation, if any

2 18-CAF-1924-24.odt enhanced by the Court along with other benefits 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).

FIRST APPEAL ST. NO. 11196 OF 2022 8.

Issue notice to the resondents.

9.

Shri P.P. Pendke, learned AGP waives service of notice for respondent Nos.1 and 2.

10.

Shri M.A. Kadu, learned Advocate waives service of notice for respondent No.3.

11.

Stand over to 02/08/2024.

[SANJAY A. DESHMUKH, J.] Choulwar Signed by: V.M. Choulwar (VMC) Designation: PS To Honourable Judge Date: 29/07/2024 15:40:30