Apparao Kishan Suryawanshi And ANR v. The State Of Maharashtra And ORS
2024:BHC-AUG:2906
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD CIVIL APPLICATION NO. 1349 OF 2024 IN FAST/3157/2019 Devidas Haridas Balde
VERSUS
The State Of Maharashtra And Ors WITH CIVIL APPLICATION NO. 1360 OF 2024 IN FAST/3270/2019 Apparao Kishan Suryawanshi And Anr
VERSUS
The State Of Maharashtra And Ors WITH CIVIL APPLICATION NO. 1362 OF 2024 IN FAST/3274/2019 Giridhar Hariba Balde And Anr
VERSUS
The State Of Maharashtra And Ors WITH CIVIL APPLICATION NO. 1359 OF 2024 IN FAST/3283/2019 Ramrao Sakharam Kore And Anr
VERSUS
The State Of Maharashtra And Ors WITH CIVIL APPLICATION NO. 1357 OF 2024 IN FAST/3286/2019 Tukaram Piraji Kumthe And Anr
VERSUS
The State Of Maharashtra And Ors WITH CIVIL APPLICATION NO. 1354 OF 2024
IN FAST/3296/2019 Maruti Piraji Halgare And Anr
VERSUS
The State Of Maharashtra And Ors WITH CIVIL APPLICATION NO. 1351 OF 2024 IN FAST/3301/2019 Venkat Govindrao Suryawanshi And Anr
VERSUS
The State Of Maharashtra And Ors WITH CIVIL APPLICATION NO. 1356 OF 2024 IN FAST/3306/2019 Bapurao Kishanrao Suryawanshi And Anr
VERSUS
The State Of Maharashtra And Ors ...
Mr. V. G. Sakolkar, Advocate for Applicants Mr. S. V. Hange, AGP for Respondents ...
CORAM
: R.M. JOSHI, J DATE : FEBRUARY 09, 2024 COMMON ORDER :
1.
These applications are filed for condonation of delay of 2073 days in preferring appeals against judgment and award dated 25th February, 2013 passed in land acquisition references.
2.
Applicants claim that they did not have knowledge about the judgment and award and they could
get said knowledge in the month of September, 2018. It is further claimed that Applicants have received the amount of compensation in the month of September, 2018 and thereafter, they could arrange funds for preferring appeal.
3.
Learned AGP opposed the applications on the ground that no satisfactory reason is given for condonation of delay.
4.
Appeals sought to be filed by applicants arises out of compulsory acquisition of land. It is the right of the claimants to seek just and fair compensation in respect of the said compulsory acquisition. This Court finds no mala fides on the part of the applicants in not preferring appeals in time. 5.
Having regard to these facts, applications deserve to be allowed. Hence, applications are allowed in terms of prayer clause 'B' respectively. Applicants would not be entitled to get interest for the period of delay, if they succeed in Appeals. Appeals be registered.
(R. M. JOSHI, J.) Malani