Vasram Jogsing Pawar v. The State Of Maharashtra, Thr. Collector, Yavatmal And Others
2024:BHC-NAG:8216 1 16-CAF-1900-24.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR.
CIVIL APPLICATION (CAF) NO. 1900 OF 2024 IN FIRST APPEAL ST. NO. 13404 OF 2024 VASRAM JOGSINGH PAWAR Vrs.
THE STATE OF MAHARASHTRA AND OTHERS -------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order --------------------------------------------------------------------------------------------------------- Shri A. B. Nakshane, Advocate for applicant/appellant. Shri P. P. Pendke, AGP for respondent Nos.1 and 2. Shri M.A.Kadu, Advocate for respondent No.3.
CORAM: SANJAY A. DESHMUKH, J.
DATE : 31/07/2024.
1.
Issue notice to the respondents, returnable after four weeks.
2.
Shri P. P. Pendke, learned AGP waives service of notice for respondent Nos.1 and 2.
3.
Shri M. A. Kadu, learned advocate waives service of notice for respondent No.3.
4.
This is an application for condonation of delay of 2628 days caused for preferring appeal. 5.
Perused the application.
6.
Heard learned Advocates for both sides.
7.
Learned advocates for the respondents have strongly objected the application.
8.
Considering the grounds stated in the application, particularly illiteracy of the applicant, the application deserves to be allowed, in the interest of
2 16-CAF-1900-24.odt justice. The delay caused for preferring the appeal is condoned. However, it is clarified that the applicant is not entitled for the statutory benefits, paricularly interest, if the appeal is allowed and amount of compensation is enhanced in view of Judgment of Hon'ble Supreme Court in the case of New Okhla Industrial Development Authority v. Rameshwar @ Ramesh Chandra Sharma (Dead), through Legal Heir and another (2022 SCC Online SC 1599) for the delayed period.
9.
The application is allowed and disposed of.
[SANJAY A. DESHMUKH, J.] Choulwar Signed by: V.M. Choulwar (VMC) Designation: PS To Honourable Judge Date: 01/08/2024 17:58:44