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Bombay High CourtCA/6705/2023admittedallowedgrantedrule absolute

Ajit Chandu Chavan v. The State Of Maharashtra Through The District Collector Jalna And ORS

2025-02-28Hon'Ble Shri Justice Rohit W. Joshi2 pages

2025:BHC-AUG:6055 910-ca-6705-2025

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 6705 OF 2023 IN FAST/6907/2023 Ajit Chandu Chavan

VERSUS

The State Of Maharashtra Through The District Collector Jalna And Ors ...

Mr. D. M. Kakde, Advocate for Applicant Mr. S. P. Joshi,AGP for Respondents-State .....

CORAM : ROHIT W. JOSHI, J.

Dated : 28TH FEBRUARY, 2025 PER COURT :- .

Heard the learned Advocates appearing for the respective parties.

2.

By this application, the applicant seeks to condone the delay of 2392 days caused in filing the Appeal under the provisions of Land Acquisition Act.

3.

Although, the delay is inordinate, having regard to the fact that the matter pertains to land acquisition case, it will be expedient in the interest of justice to condone the delay. However, in order to balance the equities, it is necessary to direct that the appellant will not be entitled for interest for the period of delay on the enhanced amount of compensation, if

910-ca-6705-2025 any. Hence, following order:

ORDER

a.

Civil Application is allowed.

b.

Delay of 2392 days caused in filing the Appeal is hereby condoned.

c.

Appeal be registered.

d.

Civil Application stand disposed of.

APPEAL :

IN FIRST APPEAL STAMP NO.6907 OF 2023 1.

Heard.

2.

Admit.

3.

Issue notice to respondents. Learned AGP waives service of notice for respondent/s-State.

4.

Appellant is permitted to serve respondent by all permissible modes in addition to regular mode of service. 4.

Call Record and Proceeding.

( ROHIT W. JOSHI, J. ) Rushikesh/2025