Gopinath Budhya Patil(Deceased)Thr.Lrs.Narayan Gopinath Patil v. The State Of Maharashtra(Thr.The Special Land Acquisition Officer

13.134.18-cao.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.134/2018 IN CROSS OBJECTION (ST) NO.24563/2017 IN FIRST APPEAL NO.822/2014 Gopinath Budhya Patil (Deceased) ... Applicant V/s.

State of Maharashtra & Ors.

... Respondents CIVIL APPLICATION NO.135/2018 IN CROSS OBJECTION (ST) NO.24626/2017 IN FIRST APPEAL NO.841/2014 Nathuram hadaku Patil (Deceased) ... Applicant V/s.

State of Maharashtra & Ors.

... Respondents Mr. S. S. Kulkarni for the Applicant Mr. A. R. Patil, AGP for State.

CORAM:

K.K. TATED & B. P. COLABAWALLA, JJ.

DATED :

JUNE 12, 2018 P.C. :

Heard. Both these Civil Applications are made by the claimants for condonation of 680 days delay in filing the cross objections. Considering the submissions made by the learned counsel for the Applicants and the reasons disclosed in the Civil Applications we are Basavraj G. Patil 1/2

13.134.18-cao.doc satisfied that the Applicants have made out a case for allowing the Civil Applications. At the same time, they have to pay cost of Rs.2500/- in each Civil Application. Cost shall be paid to the Kirtikar Law Library, High Court, Bombay.

It is also made clear that the claimants will not be entitled for statutory benefits u/s.28 of the Land Acquisition Act, 1894 i.e. interest, in case they succeed in the cross-objection, for the delayed period. Hence, following order is passed.

a.

Delay in filing the cross-objection is condoned. b.

The claimants will not be entitled for statutory benefit u/s.28 of the Land Acquisition Act, 1894 i.e. interest, in case they succeed in the cross-objection, for the delayed period. c.

The claimant shall pay cost of Rs.2500/- in each Civil Application. Cost shall be paid to the Kirtikar Law Library, High Court, Bombay, within six weeks from today, failing which the Civil Applications shall stand dismissed without further reference to the court.

d.

Both the Civil Applications stand disposed of accordingly. (B. P. COLABAWALLA, J.) (K.K. TATED, J.) Basavraj G. Patil 2/2