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Bombay High CourtCAO/805/2024ca disposed off

Shri. Diwakar Sahebrao Thakre v. The State Of Maharashtra, Through Collector, Amravati And Others

2024-07-12Hon'Ble Shri Justice Sanjay Anandrao Deshmukh2 pages

cao805.24.odt 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAO) No.805 OF 2024 IN MISC. CIVIL APPLICATION ST. No.12601 OF 2024 IN FIRST APPEAL ST. No.15145 OF 2023 (D) (Shri Diwakar Sahebrao Thakre Vs. The State of Maharashtra, through Collector, Amravati 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. C.R. Najbile, Advocate for appellant.

C ORAM : SANJAY A. DESHMUKH, J.

D ATE : 12 th JULY, 2024.

1.

This is an application for condonation of delay of 211 days caused in filing restoration application. 2.

Perused the application.

3.

Heard both sides.

3.

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

4.

The delay of 211 days caused in filing restoration application is condoned.

5.

The application is disposed of.

MISC. CIVIL APPLICATION ST. No.12601 OF 2024. 1.

Issue notice to the respondents.

2.

Mr. M.A. Kadu, leanred A.G.P. waives service of notice on behalf of respondent Nos.1 and 2.

cao805.24.odt 2/2 CIVIL APPLICATION ST. No.15147 OF 2023.

1.

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

2.

Perused the application.

3.

Heard both sides.

4.

For the reasons stated in the application, the application is allowed in the interest of justice. 5.

The delay of 483 days caused in filing appeal is condoned.

6.

It is clarified that in view of the directions 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 applicant shall not be entitled to the interest for 483 days in filing appeal.

7.

The application is disposed of.

FIRST APPEAL ST. No.15145 O F 202 3.

The appeal be registered.

(SANJAY A. DESHMUKH, J.) Wadode Signed by: Mr. Devendra Wadode Designation: PA To Honourable Judge Date: 12/07/2024 20:39:06