Sanjay Onkar Bonde And Others v. State Of Maharashtra Thr. The Collector Saheb, Yavatmal And Others

cao336.24.odt 1/3

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAO) No.336 OF 2024 IN MISC. CIVIL APPLICATION ST. No.22579 OF 2023 IN FIRST APPEAL ST. No.15537 OF 2021 (Sanjay Onkar Bonde and others Vs. The State of Maharashtra, through the Collector, Yavatmal and others) __________________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Mr. A.B. Nakshane, Advocate for appellant.

Mr. M.A. Kadu, AGP for respondent Nos.1 to 3. Mr. S.K. Bhoyar, Advocate for respondent No.4. C ORAM : SANJAY A. DESHMUKH, J.

D ATE : 2 nd JULY, 2024.

This is an application for condonation of delay in filing revision against Registrar's order dated 24.1.2023. Perused the application.

Heard both sides.

4.

For the reasons stated in the application, the application is allowed.

5.

The delay of 265 days caused in filing revision against Registrar's order dated 24.1.2023 is condoned. 6.

The application is disposed of.

MISC. CIVIL APPLICATION ST. No.22579 OF 2023. This is an application for revision against the Register's order dated 24.1.2023.

Perused the application.

cao336.24.odt 2/3 Heard both sides.

4.

Considering the reasons stated in the application, the application is allowed in the interest of justice.

5.

The Register's order dated 24.1.2023 is set aside and the appeal is restored on its original stamp number.

6.

The application is disposed of.

CIVIL APPLICATION (CAF) ST. No.15538/2021.

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

Perused the application.

Heard both sides.

4.

For the reasons stated in the application, the application is allowed.

5.

The delay of 3079 days caused in filing the appeal is condoned with condition that the applicant shall not be entitled for the interest of the amount under award for the period of 3079 days.

6.

In view of the 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, 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.

9.

The application is disposed of.

cao336.24.odt 3/3 FIRST APPEAL ST. No.15537 OF 2021.

Issue notice to the respondents, returnable on 12.7.2024.

Mr. M.A. Kadu, learned A.G.P. waives service of notice on behalf of respondent Nos.1 to 3. Mr. Pranav a. Pawade h/f. Mr. S.K. Bhoyar, learned Advocate waives service of notice on behalf of respondent No.4.

(SANJAY A. DESHMUKH, J.) Wadode Signed by: Mr. Devendra Wadode Designation: PA To Honourable Judge Date: 03/07/2024 16:36:30