Sahebrao S/O Bajirao Shewale (Expierd On 21-11-2022) Thr. Lrs. Narmada Wd/O Sahebrao Shewale And Ot v. The State Of Maharashtra, Thr. Collector, Buldhana And Others

2024:BHC-NAG:6485 1 19-CAF-259-24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAF) NO. 259 OF 2024 IN FIRST APPEAL ST. NO. 9774 OF 2023 SAHEBRAO S/O BAJIRAO SHEWALE (SINCE EXPIRED) THROUGH LEGAL HEIRS AND AND OTHERS Vrs.

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 Bhendarkar, Advocate h/f Shri Anup Dhore, Advocate for applicants.

Shri M.A.Kadu, AGP for respondent Nos.1 and 2. CORAM: SANJAY A. DESHMUKH, J.

DATE : 24/06/2024.

1.

This is an application for condonation of delay of 1900 days caused for preferring the first appeal under Section 5 of the Limitation Act.

2.

Heard learned counsel for the respective parties.

3.

Learned counsel for the respondents have strongly objected.

4.

Considering the nature of the proceedings and the peculiar set of facts as well as reasons stated in the application, the application is allowed, in the interest of justice.

5.

It is made clear that in view of the decision in the case of New Okhla Industrial Development Authority v. Rameshwar @ Ramesh Chandra Sharma (Dead), through

2 19-CAF-259-24.odt Legal Heir and another (2022 SCC Online SC 1599), the original land owners/claimants/appellants herein shall not be entitled to get any statutory benefits, including the interest payment under the Land Acquisition Act on the enhanced amount of compensation for the delayed period, in case the appeal is allowed.

6.

The application is disposed of.

FIRST APPEAL ST. NO. 9774 OF 2023 7.

Heard.

8.

Admit.

9.

Call for Record and Proceedings.

10.

Shri M. A. Kadu, learned AGP waives service of notice for respondent Nos.1 and 2.

11.

Stand over after four weeks.

[SANJAY A. DESHMUKH, J.] Choulwar Signed by: V.M. Choulwar (VMC) Designation: PS To Honourable Judge Date: 25/06/2024 19:05:31