Bombay High CourtCA/3828/2024admittedallowedgrantedrule absolute

Vitthal Haribhau Rathod v. The State Of Maharashtra Through The Collector Jalna And ORS.

2024-07-18Hon'Ble Shri Justice Kishore C. Sant2 pages

2024:BHC-AUG:15047 ( 1 ) ca3828.24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 48 CIVIL APPLICATION NO. 3828 OF 2024 IN FAST/4211/2024 VITTHAL HARIBHAU RATHOD

VERSUS

THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR JALNA AND ORS.

Mr.D.M.Kakade, Advocate for the applicants.

Ms.A.S. Mantri, AGP for the respondent/State.

CORAM

: KISHORE C. SANT, J.

DATED : 18.07.2024 PC :- 01.

This civil application is filed for condonation of delay of 3005 days caused in filing the first appeal.

02.

The application is vehemently opposed by the learned AGP. 03.

Considering that the appeal is filed by the original claimant whose land has been acquired, this Court is inclined to allow the application. Hence, following order :-

ORDER

(i) The civil application is allowed and delay is condoned subject to costs of Rs.3000/- (Rupees Three Thousand) to be deposited in the office of High Court Legal Services SubCommittee, Aurangabad within eight weeks from today.

( 2 ) ca3828.24 (ii) The applicants shall not be entitled for interest on enhanced amount of compensation for the delayed period in case the appeal is allowed.

[KISHORE C. SANT, J.] snk/2024/JUL24/ca3828.24