Disposed

Ganesh Daulat Kharat v. Executive Engineer, Minor Irrigation Division, Washim and Others

Bombay HC5 Jan 2024CAF/1843/2023

Case brief

AI extract

What is this about?

Application for condonation of a 1233-day delay in filing an appeal against a land acquisition compensation award. The court condoned the delay but barred statutory benefits, including interest on enhanced compensation for the delayed period. Appeal admitted with directions to file paper book.

What did the court decide?

Delay of 1233 days condoned subject to denial of statutory benefits/interest for the delayed period; appeal registered and admitted.

Ganesh Daulat Kharat Vs Executive Engineer, Minor Irrigation… — Land Acquisition | Bombay HC (2024)

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2024:BHC-NAG:227

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1 20caf 1843.23.odt.

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

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CIVIL APPLICATION (CAF) NO.1843 OF 2023 IN

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FIRST APPEAL ST. NO. 13046 OF 2020

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Ganesh Daulat Kharat

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VS.

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Executive Engineer, Minor Irrigation Division, Washim and another

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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 R.P. Masurkar, Adv. h/f Mr. S.S. Gaikwad, Advocate for appellant. Mr. S.K. Bhoyar, Advocate for respondent No.1.

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Mr. Ganesh Umale, AGP for respondent No.2.

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CORAM : G.A. SANAP, J. DATE : JANUARY 05, 2024.

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Heard learned Advocate for the appellant and learned Advocate for respondent No.1 and learned AGP for the respondent No.2/State.

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This is an application for condonation of 1233 days delay caused in filing appeal against impugned judgment and award dated 02.05.2017 passed by the learned Joint Civil Judge, Sr. Division, Washim in Land Acquisition Case No.310/2012. The reasons have been stated in the application.

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Learned counsel for the respondent Nos.1 and 2/State, relying upon a decision in the case of New

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2 20caf 1843.23.odt.

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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 owners/claimants/ appellant herein shall not be entitled to get any statutory benefits, including the interest payable under the Land Acquisition Act, 1894 on the enhanced amount of compensation for the delayed period.

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Learned advocate for the applicant/appellant submits that the Court may pass an appropriate order. 5. In view of the above, the application is allowed. Delay of 1233 days caused in filing appeal stands condoned. 6. It is made clear that the original land owners/ claimants/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 1233 days, in case the appeal is allowed.

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The appeal be registered.

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The application stands disposed of , accordingly.

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3 20caf 1843.23.odt.

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FIRST APPEAL (ST.) No. 13046 of 2020

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Heard.

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ADMIT.

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Mr. S.K. Bhoyar, learned Advocate waives service of notice on behalf of respondent No.1. and Mr. Ganesh Umale, learned Assistant Government Pleader waives service of notice on behalf of respondent No. 2/State.

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Call for the record and proceedings.

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Office objections, if any, be removed within two weeks from today.

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

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If the paper book is not filed within the said period, then the appeal shall stand dismissed without reference to the Court.

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(G. A. SANAP, J.)

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Manisha

Ganesh Daulat Kharat v. Executive Engineer, Minor Irrigation Division, Washim and Others

Case brief

What is this about?

What did the court decide?

Ganesh Daulat Kharat v. Executive Engineer, Minor Irrigation Division, Washim and Others

Case brief

What is this about?

What did the court decide?

What the court decided

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