Pralhad Anurodh Patil v. The State Of Mah And ANR

2024:BHC-AUG:10852 975+.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 3636 OF 2012 IN FAST/6657/2012 VIJAYKUMAR GOVINDRAO BIRADAR AND ORS

Versus

THE STATE OF MAHARASHTRA AND ANR WITH CIVIL APPLICATION NO. 3634 OF 2012 IN FAST/6646/2012 LINGRAM ANURODH PATIL

VERSUS

THE STATE OF MAHARASHTRA AND ANR WITH CIVIL APPLICATION NO. 3635 OF 2012 IN FAST/6659/2012 PRALHAD ANURODH PATIL

VERSUS

THE STATE OF MAHARASHTRA AND ANR ...

Mr. H. B. Nandagavale h/f Mr. V. G. Sakolkar, Advocate for Applicants Mr. N. B. Patil & Mr. S. B. Pulkundwar, AGPs for Respondent/State ...

CORAM

: R.M. JOSHI, J DATE : JUNE 12, 2024 COMMON ORDER :

1.

These applications are filed for condonation of delay of 1385 days in preferring these Appeals against judgments and award 22.02.2008 passed in LAR Nos. 85/2006, 84/2006 & 83/2006 respectively.

975+.odt 2.

According to Applicants, owing to poor financial condition, they were unable to prefer Appeals in time. According to them, after obtaining hand loan, they could arrange for the payment of Court fees. 3.

Learned AGPs 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