Pundlik Vithoba Hambarde Died Thr Lrs Vitthalrao P. Hambarde v. The State Of Maharashtra Through The Collector Nanded And ANR

2025:BHC-AUG:10203 944 CA5022 2023

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 944 CIVIL APPLICATION NO. 5022 OF 2023 IN FAST/2371/2023 Pundlik Vithoba Hambarde (Died) Thr. LRs. Vitthalrao P. Hambarde

Versus

The State Of Maharashtra Through The Collector Nanded And Anr. ...

Mr. Adkine Sonaji Kundlikrao, Advocate For Applicant Mr. S. S. Dande, AGP for respondent Nos. 1 and 2 ...

CORUM :

ROHIT W. JOSHI, J.

DATE :

4th APRIL, 2025 ORDER :

1.

There is delay of 10,970 days in filing First Appeal under Section 54 of the Land Acquisition Act, 1894. The appellant is the land owner. Learned counsel for the appellant has drawn my attention to order dated 18.04.2024 passed by this Court in Civil Application No. 1916 of 2020, where delay of 25 years and odd is condoned in filing appeal by land owner. He states that the said matter pertains to the same acquisition proceeding as the present matter.

2.

Accepting the statement made by the learned counsel for the applicant, although I was not initially inclined to condone the delay, I am allowing the application for condonation of delay in view of the order relied upon by the learned counsel for the applicant. 1/2

944 CA5022 2023 3.

However, having regard to the inordinate delay in filing the appeal, it will be appropriate to impose cost of Rs. 10,000/- to be payable to Chairman, Library Committee, Advocates Association of Bombay High Court, Bench at Aurangabad.

4.

Civil Application is disposed of by condoning the delay, subject to payment of cost. Cost be paid on or before 25.04.2025. 5.

Matter to be heard along with First Appeal Nos. 344 of 2023, 987 of 2023, 1235 of 2023, 1338 of 2023 and 1946 of 2023. [ROHIT W. JOSHI] JUDGE ks_kamble/ 2/2