Laxmibai Dhonduji Petkar, Dead Thr. Lrs. Janabai Laxman Surtkar And Others v. Western Coalfields Ltd. Chandrapur Thr. Chief General Manager

cao1020.24.odt 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAO) No.1020 OF 2024 IN MISC. CIVIL APPLICATION ST. No.15509 OF 2024 IN FIRST APPEAL ST. No.14437 OF 2017 (D) (Laxmibai Dhonduji Petkar (dead), thorough LRs. 1) Janabai Laxman Suratkar and others Vs. W.C.L. through its Chief General Manager, Tah. Rajura, Distt. Chandrapur) __________________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Mr. Mohit Dubey h/f. Mr. A.B. Nakshane, Advocate for appellants.

C ORAM : SANJAY A. DESHMUKH, J.

D ATE : 26 th AUGUST, 2024.

1.

This is an application for condonation of delay of 1759 days in filing restoration application. 2.

Learned Advocate for the appellant pointed out that some office objections were not removed. Therefore, appeal was dismissed.

3.

Considering the controversy in the matter and fact that applicant could not get necessary documents for removal of office objections, the application deserves to be allowed in the interest of justice as the delay is not deliberately caused, 4.

The application is allowed.

5.

The delay of 1759 days in filing restoration application is condoned.

6.

In view of judgment of New Okhla Industrial

cao1020.24.odt 2/2 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.

7.

The application is disposed of.

MISC. CIVIL APPLICATION ST. No.15509 OF 2024. 1.

This is an application for restoration of the first appeal.

2.

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

3.

The application is allowed.

4.

The appeal is restored on its original stamp number, subject to the condition that appellant-applicant shall remove the office objection within a week. 5.

If the office objections are not removed within a week, this application shall be deemed to be rejected without further order.

6.

The application is disposed of.

(SANJAY A. DESHMUKH, J.) Wadode Signed by: Mr. Devendra Wadode Designation: PA To Honourable Judge Date: 27/08/2024 12:21:32