Ramchandra Bhika Patil v. The State Of Maharashtra And ORS

28ca6011.24

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 28 CIVIL APPLICATION NO. 6011 OF 2024 IN FAST/5120/2024 WITH CIVIL APPLICATION NO. 6012 OF 2024 IN FAST/5122/2024 NATTHU SAKHARAM PATIL DIED THR LRS SULOCHNA NATTHU DESLE AND ORS

VERSUS

THE STATE OF MAHARASHTRA AND ORS ...

Advocate for Applicants : Mr.Jay Raundale h/f Mr. More Kumar Gaurav M. AGP for Respondent Nos. 1 to 3/State : Mr. D.B.Bhange Advocate for Respondent No. 4 : Mr.Patil Sandesh R. ...

CORAM : S. G. CHAPALGAONKAR, J.

Dated : 19.03.2025 PER COURT :- 1.

Heard learned Advocates appearing for respective parties. 2.

Applicants seek condonation of delay of 1657 days caused in filing appeal respectively.

3.

Applicants are Original Claimants in Land Acquisition Reference No. 138 of 2005. Present appeal is filed seeking enhancement of compensation. Perusal of application shows that delay has been occasioned on account of financial duress and lack of procedural knowledge. Applicants have not derived any advantage by making delay. 4.

Learned Advocate appearing for respondents strongly opposes for condonation of delay contending that reasons are not adequate. 5.

Having considered submissions advanced and reasons as stated in the application sufficient cause is made out. Further interest of

28ca6011.24 respondents can be protected by imposing certain conditions. In result following order :

ORDER

(i) Civil Application stands allowed.

(ii) Delay of 1657 days caused in filing appeals stands condoned subject to condition that applicants shall file undertakings to Registrar (Judicial) of this Court that they shall not claim statutory benefit and interest in case compensation is enhanced in appeal. (iii) Both applications stand allowed and disposed in aforesaid terms.

( S. G. CHAPALGAONKAR ) JUDGE mahajansb/