Allowed

Ramdas S/O Sitaram Raut v. Executive Engineer, Minor Irrigation Department, Wardha and Others

Bombay HC8 Apr 2024CAO/384/2024

Case brief

AI extract

What is this about?

The Court condoned a delay of 2415 days in filing a cross-objection against a land acquisition award, relying on precedent to impose a condition that the cross-objector forfeits statutory benefits and interest on enhanced compensation for the delayed period.

What did the court decide?

Delay condoned subject to condition of forfeiture of statutory benefits and interest for the delayed period.

Ramdas S/O Sitaram Raut vs Executive Engineer, Minor… — Land Acquisition | Bombay HC (2024)

¶1

2024:BHC-NAG:4027

¶2

1 8 cao384.24.odt

¶3

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

¶4

C IVIL APPLICATION (CAO) NO. 384 OF 202 4 IN

¶5

CROSS-OBJECTION ST. NO. 4423 OF 2024 IN

¶6

FIRST APPEAL NO. 744 OF 2017

¶7

RAMDAS S/o SITARAM RAUT

¶8

VERSUS

¶9

EXE.ENGINEER, MINOR IRRIGATION DEPT., WARDHA AND OTHERS

¶10

Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order

¶11

Mr. C. R. Najbile, Advocate for the cross-objector/Ori.R.no.1 Mr. N. M. Gaidhane, Advocate for respondent no.1/ori. appellant Ms. Prachi T. Joshi, A.G.P. for respondent nos.2 and 3.

¶12

CORAM : G. A. SANAP, J. DATE : APRIL 08, 2024.

¶13

Heard learned advocates for the parties.

¶14

This is an application for condonation of 2415 days delay caused in filing cross-objection against the impugned judgment and award, dated 30.10.2015 passed by the Reference Court. The reasons have been stated in the application.

¶15

Relying upon a 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) , delay can be condoned, subject to condition that the original land owners/claimant/cross-objector herein shall not be entitled to get any statutory benefits, including the interest payable under the Land Acquisition Act, 1894 on the enhanced

¶16

2 8 cao384.24.odt

¶17

amount of compensation for the delayed period.

¶18

Learned advocate for the applicant/cross-objector submits that the Court may pass an appropriate order.

¶19

In view of the above, the application is allowed. Delay of 2415 days caused in filing appeal stands condoned. 6. It is made clear that 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 of 2415 days, in case the cross-objection is allowed.

¶20

The cross-objection be registered.

¶21

The application stands disposed of, accordingly.

¶22

CROSS-OBJECTION ST. No. 4423 of 2024

¶23

Heard learned advocates for the parties.

¶24

ADMIT.

¶25

Mr. N. M. Gaidhane, learned advocate waives service of notice on behalf of respondent no.1/ori.appellant.

¶26

Ms. Prachi Joshi, learned Assistant Government Pleader waives service of notice on behalf of respondent nos.2 and 3.

¶27

( G.A.SANAP, J. )

¶28

Diwale

¶29

Signed by: DIWALE Designation: PS To Honourable Judge Date: 08/04/2024 16:55:58

Ramdas S/O Sitaram Raut v. Executive Engineer, Minor Irrigation Department, Wardha and Others

Case brief

What is this about?

What did the court decide?

Ramdas S/O Sitaram Raut v. Executive Engineer, Minor Irrigation Department, Wardha 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

All orders in this case

Similar cases

Smt. Vaishali Bandu Dudhe vs Nitin Ganpatrao Bhowate

M/S. S.S. Chhatwal and Company Contractors Pvt. Ltd. Thr Authorised Director Sarabjit Singh Chhatwal vs Western Coalfields Limited, through Its General Manager, Nagpur Area and Another

Pooja Atul Bhise vs Atul Gopal Bhise

Vasant Sambhashiv Shastrakar (Dead) Thr. Lrs. Kavishwar S.O Vasantarao Shastrakar and Others vs the State of Maharashtra, through Its District Collector, Yavatmal and Others

V.I.D.C. through Its Executive Engineer, Yavatmal Project Constructions Division, Yavatmal vs Vidya Ramesh Kakde and Others

Shri. Prabhakar Shankarrao Patil and Other vs the State of Maharashtra, through Collector, Amravati and Others