Surajmal Dagdumal Kasat (Deceased) Thr.Lrs Smt. Basantibai Surendrakumar @Surajmal Kasat And Others v. The State Of Maharashtra Through The Collector, Amravati And Others

2024:BHC-NAG:2958 -1- 22.CAO.330.2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR C IVIL APPLICATION (CAO) NO. 330 OF 2024 IN CROSS OBJECTION ST. NO. 23150 OF 2023 IN FIRST APPEAL NO. 259 OF 2022 Surajmal Dagdumal Kasat (Deceased) thr. his L.Rs. & Ors. Vs.

The State of Maharashtra, thr. 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 ********************************************************************************************** Mr. Paras Rathi, Advocate h/f. Mr. R.J. Shinde, Advocate for the Cross objectors. Ms. S.N. Thakur, AGP for Respondent Nos.1 & 2. Mr. U.A. Gosavi, Advocate for Respondent No.3. CORAM : G. A. SANAP, J.

DATED : 11 th MARCH, 2024.

.

Heard learned advocates for the parties. Perused the record and proceedings.

2.

This is an application made by the cross-objectors for condonation of 596 days delay caused in filing the crossobjection in the first appeal. The reasons have been stated in the application.

3.

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/crossobjectors herein shall not be entitled to get statutory benefits, including the interest payable under the Land Acquisition Act,

-2- 22.CAO.330.2024.odt 1894 on the enhanced amount of compensation for the delayed period.

4.

Learned advocate for the applicants/cross-objectors submits that the Court may pass an appropriate order. 5.

In view of the above, the application is allowed. Delay of 596 days caused in filing the cross-objection, is condoned.

6.

It is made clear that the original land owners/claimants/cross-objectors 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 596 days, in case the cross-objection is allowed.

7.

The cross-objection be registered.

8.

The application stands disposed of, accordingly. CROSS OBJECTION ST. NO. 23150 OF 2023 9.

Heard.

10.

ADMIT.

11.

Learned AGP waives service of notice on behalf of respondent Nos.1 and 2.

12.

Learned advocate Mr. U.A. Gosavi waives service of notice on behalf of respondent No.3.

(G. A. SANAP, J.) Vijay Signed by: Mr. Vijay Kumar Designation: PA To Honourable Judge Date: 11/03/2024 17:54:46