The Executive Engineer, Seena Kolegaon Project Paranda, Taluka- Paranda, Dist. Osmanabad v. Bhagwat Gopinath Shinde And ORS

2025:BHC-AUG:9895 ca 12969.24+.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 60 CIVIL APPLICATION NO. 12969 OF 2024 IN FAST/1840/2024 The Executive Engineer, Seena Kolegaon Project Paranda, Taluka- Paranda, Dist. Osmanabad

VERSUS

Dharma Bandu Shinde And Ors ...

Advocate for Applicant : Mr. Rajale Gulab B.

AGP for Respondents: Mr. V S Badakh ...

WITH CIVIL APPLICATION NO. 10941 OF 2024 IN FAST/1848/2024 WITH CIVIL APPLICATION NO. 10939 OF 2024 IN FAST/1855/2024 CORAM : S. G. CHAPALGAONKAR, J.

Dated : April 01, 2025 PER COURT :- 1.

Heard Mr. Rajale, learned counsel appearing for the applicants.

2.

The applicant seeks to condone the delay of 1632 days caused in filing the appeal/s against the award passed by the Reference Court.

3.

Mr. Rajale submits that, in fact, limited issue is raised in this appeal as regards to grant of interest from the date of notification under section 4, instead of from the date of award passed under section 11 of the Land Acquisition Act, which is covered by judgment in case of State Of Mah.Thr.Sub.Divisional vs Kailash Shiva Rangari, reported in

ca 12969.24+.odt 2016 (3) Mh.L.J. 457. He further invites attention of this Court to the reasons as stated in the application. Perusal of the reasons shows that delay has been occasioned on administrative exigencies. The applicant has not derived any advantage by making the delay. The reasons as stated in the application are not controverted by the respondents inspite of service of notice.

4.

In the result, the sufficient case is made out to condone the delay. Hence, following order.

O R D E R

i.

Civil Applications are allowed.

ii.

Delay of 1632 days caused in filing the appeal/s is condoned.

iii.

Appeals be registered.

iv.

On registration of the appeal/s, place it for admission before this Court after three weeks.

( S. G. CHAPALGAONKAR, J. ) ...

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