Pushpatai Vasaram Pawar v. The State Of Maharashtra, Thr. The Collector, Yavatmal And Others

caf1883.24.odt 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAF) No.1883 OF 2024 IN FIRST APPEAL ST. No.13394 OF 2024 (Pushpatai Vasaram Pawar 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.

C ORAM : SANJAY A. DESHMUKH, J.

D ATE : 23 rd JULY, 2024.

1.

This is an application for condonation of delay of 3229 days in filing appeal.

2.

Issue notice to the respondents.

3.

Mr. P.P. Pendke, learned A.G.P. 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.

Perused the application.

6.

Heard learned Advocate for both sides.

7.

Learned A.G.P. for the respondent Nos.1 and 2 and learned Advocate for respondent No.3 have strongly objected the application.

8.

For the reasons stated in the application, the application deserves to be allowed in the interest of justice.

9.

The application is allowed with clarification

caf1883.24.odt 2/2 that in view of judgment of the Hon'ble Supreme 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, the appellant shall not be entitled to the statutory benefits like interest etc. for the period of delay.

10.

The delay of 3229 days caused in filing appeal is condoned.

11.

The application is disposed of.

FIRST APPEAL ST. No.13394 OF 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.

Stand over to 1.8.2024.

(SANJAY A. DESHMUKH, J.) Wadode Signed by: Mr. Devendra Wadode Designation: PA To Honourable Judge Date: 24/07/2024 18:42:05