Islamali Khajaali Hawaldar v. The State Of Maharashtra And ORS

2024:BHC-AUG:2895

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 3898 OF 2020 IN FAST/3522/2019 Sayedali Mohhamadali Hawaldar

VERSUS

The State Of Maharashtra And Ors WITH CIVIL APPLICATION NO. 3891 OF 2020 IN FAST/3460/2019 Mohammadali Khajaali Hawaldar

VERSUS

The State Of Maharashtra And Ors WITH CIVIL APPLICATION NO. 3899 OF 2020 IN FAST/3520/2019 Haidarali Rahmatali Hawaldar

VERSUS

The State Of Maharashtra And Ors WITH CIVIL APPLICATION NO. 3892 OF 2020 IN FAST/3525/2019 Farooqali Munwarali Hawaldar

VERSUS

The State Of Maharashtra And Ors WITH CIVIL APPLICATION NO. 3893 OF 2020 IN FAST/3531/2019 Asifali Khajalli Hawaldar

VERSUS

The State Of Maharashtra And Ors WITH CIVIL APPLICATION NO. 3897 OF 2020

IN FAST/3535/2019 Kashimali Rehmatali Hawaldar

VERSUS

The State Of Maharashtra And Ors WITH CIVIL APPLICATION NO. 3896 OF 2020 IN FAST/3538/2019 Abbasali Munwarali Hawaldar

VERSUS

The State Of Maharashtra And Ors WITH CIVIL APPLICATION NO. 3895 OF 2020 IN FAST/3540/2019 Bashaali Rahmatali Hawaldar

VERSUS

The State Of Maharashtra And Ors WITH CIVIL APPLICATION NO. 3894 OF 2020 IN FAST/3542/2019 Islamali Khajaali Hawaldar

VERSUS

The State Of Maharashtra And Ors ...

Mr. V. G. Sakolkar, Advocate for Applicant Mr. D. B. Bhanage, AGP for Respondent Nos. 1 and 2 Mr. N. L. Jadhav, Advocate for Respondent No. 3 ...

CORAM

: R.M. JOSHI, J DATE : FEBRUARY 09, 2024 COMMON ORDER :

1.

These applications are filed for condonation of delay of 2067 days in preferring appeals against

judgments and award 04.03.2013 passed in land acquisition references.

2.

Applicants claim that they do not have knowledge about the judgments 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, 2019 and thereafter, they could arrange funds for preferring appeal.

3.

Learned AGP and learned counsel for acquiring body have 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