Disposed

Sheshrao S/O Gopalrao Thakare (Dead) Thr. Lrs. Pramod Shesrao Thakare and Others v. the State of Maharashtra through Collector, Yavatmal and Others

Bombay HC24 Apr 2024CAF/923/2024

Case brief

AI extract

What is this about?

Civil application to condone a 5537-day delay in filing a first appeal over land acquisition compensation. The court condoned the delay but barred statutory benefits including interest on enhanced compensation for the delayed period per NOIDA precedent. First appeal admitted and listed after two weeks.

What did the court decide?

Delay of 5537 days condoned; first appeal admitted; civil application disposed of.

Sheshrao S/O Gopalrao Thakare (Dead) Thr. Lrs. Pramod… — Land Acquisition | Bombay HC (2024)

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1 60.caf.923.2024

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2024:BHC-NAG:4922

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

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CIVIL APPLICATION (CAF) NO. 923 OF 2024 IN

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FIRST APPEAL (St.) NO. 577 OF 2024 Sheshrao S/o. Gopalrao Thakare (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 Ms Prachi Joshi, AGP for respondent Nos. 1 & 2/State Mr. M. A. Kadu, Advocate for respondent No. 3

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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 No. 3.

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This is an application for condonation of 5537 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 60.caf.923.2024

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Delay of 5537 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. 577 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 60.caf.923.2024

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of notice on behalf of respondent No. 3.

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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

Sheshrao S/O Gopalrao Thakare (Dead) Thr. Lrs. Pramod Shesrao Thakare and Others v. the State of Maharashtra through Collector, Yavatmal and Others

Case brief

What is this about?

What did the court decide?

Sheshrao S/O Gopalrao Thakare (Dead) Thr. Lrs. Pramod Shesrao Thakare 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

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Coram

Case details

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