Narendra Yadavrao Patil v. The State Of Maharashtra Through The Collector Yavatmal And Others

2024:BHC-NAG:9819 1 24-CAF-2398-24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAF) NO. 2398 OF 2024 IN FIRST APPEAL ST. NO. 13837 OF 2024 NARENDRA YADAVRAO PATIL 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 : 30/08/2024.

1.

Issue notice to the respondents.

2.

Shri P. P. Pendke, learned AGP waives service of notice for respondent Nos.1 and 2.

3.

Shri M. A. Kadu, learned counsel waives service of notice for respondent No.3.

4.

Perused the application.

5.

Heard learned Advocates for both sides.

6.

This is an application for condonation of delay of 3529 days caused for preferring the appeal. 7.

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

8.

It is clarified that if the appeal is allowed and amount of compensation is enhanced, the applicant is not entitled for interest and other statutory benefits in view of

2 24-CAF-2398-24.odt 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.

10.

Call for Record and Proceedings.

[SANJAY A. DESHMUKH, J.] Choulwar Signed by: V.M. Choulwar (VMC) Designation: PS To Honourable Judge Date: 31/08/2024 16:47:18