Shamrao Motiram Meshram v. The State Of Maharashtra Through Collector, Yavatmal And Others

2024:BHC-NAG:2390 1 3 caf556.24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

: NAGPUR BENCH : NAGPUR.

CIVIL APPLICATION (CAF) NO.

I N FIRST APPEAL ST. NO.

OF 202 SHAMRAO MOTIRAM MESHRAM

VERSUS

STATE OF MAH., THRU. THE COLLECTOR, YAVATMAL AND OTHERS ------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order ------------------------------------------------------------------------------------------------------- Mr. Paras L. Rathi, Advocate for the appellant. Mr. H. D. Dubey, A.G.P. for respondent nos.1 and 2 Mr. M. A. Kadu, Advocate for respondent no.3. CORAM :

G. A. SANAP, J.

DATE :

FEBRUARY , 20 24.

1.

Heard learned advocate for the appellant.

2.

Issue notice to the respondents.

3.

Mr. H. D. Dubey, learned Assistant Government Pleader waives service of notice on behalf of respondent nos.1 and 2.

4.

Mr. M. A. Kadu, learned advocate waives service of notice on behalf of respondent no.3.

5.

This is an application for condonation of 43671 days delay caused in filing appeal against impugned judgment and award, dated 10.11.2009 passed by the Reference Court. The reasons have been stated in the application. 6.

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), delay can be

2 3 caf556.24.odt condoned, subject to condition 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, 1894 on the enhanced amount of compensation for the delayed period. 7.

Learned advocate for the applicant/appellant submits that the Court may pass an appropriate order. 8.

In view of the above, the application is allowed. Delay of 4367 days caused in filing appeal stands condoned.

9.

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 4367 days, in case the appeal is allowed.

10.

The appeal be registered.

11.

The application stands disposed of, accordingly. ( G. A. SANAP, J.) Diwale Signed by: DIWALE Designation: PS To Honourable Judge Date: 29/02/2024 20:12:34