Disposed

Shri Tatyasaheb Rambhau Rawale v. the State of Maharashtra through Collector, Amrvati and Others

Bombay HC24 Apr 2024CAF/920/2024

Case brief

AI extract

What is this about?

The High Court of Judicature at Bombay, Nagpur Bench, allowed a civil application for condonation of delay (5381 days) in filing a first appeal. The court held that while the appeal will be admitted, the appellant is not entitled to any statutory benefits or interest on enhanced compensation due to the statutory bar established by a Supreme Court judgment.

What did the court decide?

Delay in filing appeal condoned; appeal admitted and registered; statutorily barred from interest on enhanced compensation for delayed period; civil application disposed of.

Shri Tatyasaheb Rambhau Rawale Vs the State of Maharashtra… — Land Acquisition | Bombay HC (2024)

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2024:BHC-NAG:4918

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1 57.caf.920.2024

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

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CIVIL APPLICATION (CAF) NO. 920 OF 2024 IN FIRST APPEAL (St.) NO. 825 OF 2020 Shri Tatyasaheb Rambhau Rawale .VS.

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The State of Maharashtra, through Collector, Amravati 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 R. J. Shinde Advocate for the appellant Mr M. A. Kadu, AGP for respondent Nos. 1 & 2/State Mr. Amit Kukdey, Advocate for respondent Nos. 3 and 4

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CORAM : G.A. SANAP, J. DATE : APRIL 24, 2024.

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Heard.

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Issue notice to the respondents .

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

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Learned Advocate Mr Amit Kukdey waives service of notice on behalf of respondent Nos. 3 and 4.

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This is an application for condonation of 5381 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.

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2 57.caf.920.2024

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Delay of 5381 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 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.

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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. 825 OF 2020

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Heard.

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ADMIT.

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

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Learned Advocate Mr Amit Kukdey waives

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3 57.caf.920.2024

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service of notice on behalf of respondent Nos. 3 and 4.

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Call for record and proceeding.

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

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(G. A. SANAP, J.)

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Namrata

Shri Tatyasaheb Rambhau Rawale v. the State of Maharashtra through Collector, Amrvati and Others

Case brief

What is this about?

What did the court decide?

Shri Tatyasaheb Rambhau Rawale v. the State of Maharashtra through Collector, Amrvati and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

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