Smt. Jijabai W/O Laxman Gulhane And Others v. The State Of Maharashtra Through Collector, Amravati And Others

2024:BHC-NAG:110 -1- 8.CAO.06.2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR C IVIL APPLICATION (CA O ) NO.

OF 20 IN MISC. CIVIL APPLICATION ST. NO. 16406 OF 2023 IN FIRST APPEAL ST. NO. 6348 OF 2022 Smt. Jijabai W/o. Laxman Gulhane & Ors.

Vs.

State of Maharashtra, through Collector, Amravati & Ors. ********************************************************************************************** Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders ********************************************************************************************** Ms. Shreya Bhagat, Advocate h/f. Mr. P.R. Agrawal, Advocate for the Applicants/Appellants.

Mr. K.R. Lule, AGP for Respondent Nos.1 & 2/State. CORAM : G. A. SANAP, J.

DATED : 3 rd JANUARY, 2024.

Heard learned advocates for the parties.

2.

This is an application for condonation of 296 days delay caused in filing an application for restoration of the appeal.

3.

The reasons have been stated in the application. 4.

Learned AGP for respondent Nos.1 and 2, 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], submits that delay may be condoned, subject to condition that the original land owners/claimants/appellants 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.

-2- 8.CAO.06.2024.odt 5.

Learned advocate for the applicants/appellants submits that the Court may pass an appropriate order. 6.

In view of the above, the application is allowed. Delay of 296 days caused in filing an application for restoration of the appeal, is condoned.

7.

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 296 days, in case the appeal is allowed. 8.

The misc. civil application be registered.

9.

The application stands disposed of accordingly. MISC. CIVIL APPLICATION ST.

NO.

16406 OF 20 10.

Heard learned advocates for the parties.

11.

The reasons have been stated in the application. 12.

In view of the reasons stated in the application, the application is allowed. The order of dismissal of the appeal is recalled. The appeal be restored to file.

13.

The application stands disposed of accordingly. (G. A. SANAP, J.) Vijay Signed by: Mr. Vijay Kumar Designation: PA To Honourable Judge Date: 04/01/2024 19:09:39