Panjab S/O Shamrao Borchate (Died) Thr. Kantabai Wd/O Panjab Borchate And Others v. The State Of Maharashtra, Thr. Collector, Yavatmal And Others

caf1754.24.odt 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAF) No.1754 OF 2024 IN FIRST APPEAL ST. No.12372 OF 2024 (Panjab s/o. Shamrao Borchate (dead), through LRs. 1) Kantabai wd/o. Panjab Borchate 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. S.V. Ingole, Advocate for appellant.

C ORAM : SANJAY A. DESHMUKH, J.

D ATE : 12 th JULY, 2024.

1.

Issue notice to the respondents.

2.

Mr. P.P. Pendke, learned A.G.P. waives service of notice on behalf of respondent Nos.1 and 2. 3.

Mr. M.A. Kadu, learned Advocate waives service of notice on behalf of respondent No.3. 4.

This is an application for condonation of delay of 3059 days is caused for filing the appeal. 5.

Perused the application.

6.

Heard both sides.

7.

For the reasons stated in the application, the application is allowed in the interest of justice. 8.

The delay of 3059 days caused in filing appeal is condoned.

9.

It is clarified that in view of the directions in the case of New Okhla Industrial Development Authority Vs. Rameshwar @ Ramesh Chandra Sharma (Dead),

caf1754.24.odt 2/2 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, the applicant shall not be entitled to the interest for the 3059 days caused in filing the appeal.

10.

The application is disposed of.

(SANJAY A. DESHMUKH, J.) Wadode Signed by: Mr. Devendra Wadode Designation: PA To Honourable Judge Date: 12/07/2024 20:52:27