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Bombay High Court

Narhari W/O Rama Duphare (Dead) Through ... vs The State Of Maharashtra Through ... on 29 April, 2024

Author: G.A. Sanap

Bench: G. A. Sanap

2024:BHC-NAG:5142


                                                   1                         45-CAF No.260.2024

                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                              NAGPUR BENCH, NAGPUR.
                         CIVIL APPLICATION (CAF) NO. 260 OF 2024
                                            IN
                            FIRST APPEAL (ST.) NO. 8924 OF 2021
                       Narhari W/o Rama Duphare (Dead) through L.Rs. .VS.
                                The State of Maharashtra and others
         _______________________________________________________________
        Office Notes, Office Memoranda of Coram,
        appearances, Court's orders of directions Court's or Judge's orders.
        and Registrar's Orders.
                     Mr. C.B. Dharmadhikari, Advocate for the appellants.
                     Ms. Mukta Kavimandan, AGP for respondent Nos.1 and 3.
                     Mr. A.M. Kukday, Advocate for respondent No.2.

                                   CORAM : G.A. SANAP, J.

DATE : APRIL 29, 2024.

Heard.

2. Issue notice to the respondents.

3. Learned AGP waives service of notice on behalf of respondent Nos.1 and 3/State.

4. Learned Advocate Mr. Kukday waives service of notice on behalf of respondent No.2.

5. This is an application for condonation of 100 days delay caused in filing appeal against impugned judgment and award. The reasons have been stated in the application. In view of the reasons, the application is allowed.

6. Delay of 100 days caused in filing appeal stands condoned.

7. It is made clear that in view of the 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) , the original land owners/ claimants/ appellants 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, in case the appeal is allowed.

8. The first appeal be registered.

9. The civil application stands disposed of, accordingly.

FIRST APPEAL (St.) NO. 8924 OF 2021

10. Heard.

11. ADMIT.

12. Learned AGP waives service of notice on behalf of respondent Nos. 1 and 3/State.

13. Learned Advocate Mr. Kukday waives service of notice on behalf of respondent No. 2.

14. Call for record and proceeding.

15. Paper book be filed within twelve weeks from the date of receipt of record and proceedings.

(G. A. SANAP, J.) Kirtak Signed by: Mr. B.J. Kirtak Designation: PA To Honourable Judge Date: 30/04/2024 19:38:30