Full Judgement
Bombay High Court
Ashok Vitthalrao Sirsode vs The State Of Maharashtra Through The ... on 3 January, 2024
Author: G. A. Sanap
Bench: G. A. Sanap
2024:BHC-NAG:81
-1- 18.CAF.803.2023.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
CIVIL APPLICATION (CAF) NO. 803 OF 2023
IN
FIRST APPEAL ST. NO. 16673 OF 2022
Ashok Vitthalrao Sirsode
Vs.
The State of Maharashtra, through the Collector, Amravati & Ors.
**********************************************************************************************
Office Notes, Office Memoranda of Coram, Court's or Judge's orders
appearances, Court's orders of directions
and Registrar's orders
**********************************************************************************************
Mr. N.S. Bhelkar, Advocate for the Applicant/Appellant.
Mr. H.D. Dubey, AGP for Respondent Nos.1 & 2/State.
Mr. M.A. Kadu, Advocate for Respondent No.3.
CORAM : G. A. SANAP, J.
DATED : 3rd JANUARY, 2024.
Heard learned advocates for the parties.
2. This is an application for condonation of 3699 days delay caused in filing an appeal against the impugned judgment and award dated 04.06.2010, passed by the Reference Court. The reasons have been stated in the application.
3. Learned AGP for respondent Nos.1 and 2, relying upon a decision 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], submits that delay may be condoned, subject to condition that the original land owner/claimant/appellant herein shall not be entitled to get any benefits, including the interest payable under the Land Acquisition Act, 1894 on the enhanced amount of compensation for the delayed period.
4. Learned advocate for the applicant/appellant submits that the Court may pass an appropriate order.
-2- 18.CAF.803.2023.odt
5. In view of the above, the application is allowed. Delay of 3699 days caused in filing the appeal is condoned.
6. It is made clear that the original land owner/claimant/appellant herein shall not be entitled to get any statutory benefits, including the interest payable under the Land Acquisition Act on the enhanced amount of compensation for the delayed period of 3699 days, in case the appeal is allowed.
7. The appeal be registered.
8. The application stands disposed of, accordingly.
FIRST APPEAL ST. NO. 16673 OF 2022
9. Heard.
10. Admit.
11. Learned AGP waives service of notice on behalf of respondent Nos.1 and 2.
12. Learned advocate Mr. M.A. Kadu waives service of notice on behalf of respondent No.3.
13. Call for record and proceedings.
14. Paper-book be filed within twelve weeks from the date of receipt of record and proceedings.
15. If the paper-book is not filed within twelve weeks from the date of receipt of record and proceedings, then the matter shall stand dismissed without further reference to the Court.
(G. A. SANAP, J.) Signed by: Mr. Vijay Kumar Vijay Designation: PA To Honourable Judge Date: 04/01/2024 12:40:56
