Allowed

Dinesh S/O Suryabhan Talware v. State of Maharashtra through Collector, Yavatmal and 2 Others

Bombay HC27 Feb 2024CAF/1615/2022

Case brief

AI extract

What is this about?

Civil Application for condonation of 474 days delay in filing first appeal was allowed. Court held appellant not entitled to statutory benefits or interest on enhanced compensation for delayed period based on OICA precedent. First appeal admitted.

What did the court decide?

Civil Application allowed with direction that no statutory benefits or interest payable for delayed period.

Dinesh S/O Suryabhan Talware Vs State of Maharashtra through… — Land Acquisition | Bombay HC (2024)

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2024:BHC-NAG:2311

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1 34.caf.1615.2022

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR.

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CIVIL APPLICATION (CAF) NO. 1615 OF 2022 IN

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FIRST APPEAL (St.) NO. 8648 OF 2020

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Dinesh S/o. Suryabhan Talware .VS. State of Maharashtra and others

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_______________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders. and Registrar's Orders.

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Mr A. J. Mirza, Advocate for the appellant Ms Mrunal Naik, AGP for respondent Nos. 1 & 2/State Mr S. K. Bhoyar, Advocate for respondent No.3

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CORAM : G.A. SANAP, J. DATE : FEBRUARY 27, 2024.

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Heard.

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This is an application for condonation of 474

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days delay caused in filing the appeal against impugned judgment and order. The reasons have been stated in the application. In view of the reasons, the application is allowed.

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Delay of 474 days caused in filing appeal stands condoned.

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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 owner/ claimant/

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2 34.caf.1615.2022

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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, in case the appeal is allowed.

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The first appeal be registered.

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The civil application stands disposed of, accordingly.

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FIRST APPEAL (St.) NO. 8648 OF 2020

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Heard.

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ADMIT.

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9. Learned AGP waives service of notice on behalf of respondent Nos. 1 and 2/State.

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Learned Advocate Mr S. K. Bhoyar waives service of notice on behalf of respondent No. 3.

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11. Call for record and proceedings.

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

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(G. A. SANAP, J.)

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Namrata

Dinesh S/O Suryabhan Talware v. State of Maharashtra through Collector, Yavatmal and 2 Others

Case brief

What is this about?

What did the court decide?

Dinesh S/O Suryabhan Talware v. State of Maharashtra through Collector, Yavatmal and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

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Coram

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