Disposed

Shriram Shankarrao Mahalle (Dead) Thr. Lrs. Smt. Kusum Shriram Mahalle and Others v. the State of Maharashtra through Collector, Yavatmal and Others

Bombay HC24 Apr 2024CAF/922/2024

Case brief

AI extract

What is this about?

Application for condonation of a delay of 11091 days in filing an appeal against an award granting enhanced land compensation. The court allowed the application, condoned the delay, directed registration of the first appeal, and barred statutory benefits for the delayed period per Supreme Court precedent.

What did the court decide?

Delay of 11091 days condoned; civil application disposed of; first appeal registered and admitted.

Shriram Shankarrao Mahalle (Dead) Thr. Lrs. Smt. Kusum… — Land Acquisition | Bombay HC (2024)

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2024:BHC-NAG:4923

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1 59.caf.922.2024

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

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CIVIL APPLICATION (CAF) NO. 922 OF 2024 IN FIRST APPEAL (St.) NO. 524 OF 2024 Shriram Shankarrao Mahalle (Dead) through LR’s and oths. .VS.

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The State of Maharashtra, through Collector, Yavatmal 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 Paras Rathi, Advocate for the appellants Mr Saurabh Joshi, AGP for respondent Nos. 1 & 2/State Mr. M. A. Kadu, 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 M. A. Kadu waives service of notice on behalf of respondent Nos. 3 and 4.

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This is an application for condonation of 11091 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 59.caf.922.2024

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Delay of 11091 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. 524 OF 2024

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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 M. A. Kadu waives service

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3 59.caf.922.2024

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

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Learned Advocate for the appellants submitted that the matter is covered by the decision of this Court.

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Stand over after two weeks .

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(G. A. SANAP, J.)

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Namrata

Shriram Shankarrao Mahalle (Dead) Thr. Lrs. Smt. Kusum Shriram Mahalle and Others v. the State of Maharashtra through Collector, Yavatmal and Others

Case brief

What is this about?

What did the court decide?

Shriram Shankarrao Mahalle (Dead) Thr. Lrs. Smt. Kusum Shriram Mahalle and Others v. the State of Maharashtra through Collector, Yavatmal 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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