Rajaram Ganpati Nukulwad Died Thr Lrs Dilip Rajaram Nukulwad And ORS v. The State Of Maharashtra Through The District Collector Nanded And ORS.
2025:BHC-AUG:13009 935-CA-3900-24.odt
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD 935 CIVIL APPLICATION NO. 3900 OF 2024 IN FAST/3731/2024 RAJARAM GANPATI NUKULWAD DIED THR LRS DILIP RAJARAM NUKULWAD AND ORS
VERSUS
THE STATE OF MAHARASHTRA THROUGH THE DISTRICT COLLECTOR NANDED AND ORS.
....
Mr. G. N. Chincholkar, Advocate for the Applicants Mr. V. S. Badakh, AGP for the Respondent Nos.1 and 2-State Mr ....
CORAM : S. G. CHAPALGAONKAR, J.
DATE : 02.05.2025 PER COURT :- .
Heard learned Advocate appearing for the Applicants and learned AGP appearing for respondent Nos. 1 and 2. Although respondent No.3 is served, none appears.
2.
The applicants is seeking to condone the delay of 3777 days caused in filing the appeal against the award passed by the Reference Court under land acquisition.
3.
Perused the application. The applicants state that some of the landowners from the same acquisition have filed appeals, and further enhancement has been granted by this Court
(( 2 )) 935-CA-3900-24 in those cases. It is further stated that, due to the COVID-19 situation and financial difficulties, the applicants were unable to approach this Court in time, and as such, the delay has been occasioned. 4.
Considering the submissions advanced and the fact that the applicants are litigating for getting just compensation of acquired land and the law laid down by the Hon'ble Supreme Court in the case of Suresh Kumar Vs. State of Haryana and Others, 2025 INSC 550, the application deserves to be allowed subject to certain conditions. Hence, following order:
::ORDER::
a.
Civil application is allowed.
b.
Delay of 3777 days caused in filing appeal is hereby condoned. Appeal be registered subject to condition that applicants file an undertaking to Registrar (Judicial) of this Court stating that they shall not claim interest and statutory benefits for the delayed period on enhanced compensation, in case, their appeal is favourably considered. Such an undertaking to be filed within a period of ten (10) weeks from today and shall be made part of the compilation. [ S. G. CHAPALGAONKAR, J. ] HRJadhav