Kalidas Kashinath Ghogare Died Thr Lrs Pushpabai Kalidas Ghogare And ANR v. The State Of Maharashtra Thr. Collector Osmanabad And ORS.

{1} 64 sr.no..odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 3341 OF 2024 IN FAST/6642/2024 Kalidas Kashinath Ghogare Died Thr Lrs Pushpabai Kalidas Ghogare And Anr ....Applicant

VERSUS

The State Of Maharashtra Thr. Collector Osmanabad And Ors. .....Respondent .....

Advocate for Applicant : Mr. Chavan Prasanna Shankarrao AGP for respondent Nos. 1 and 2 : Mr. V.S. Badakh. CORAM : S.G. CHAPALGAONKAR, J.

DATE : 5th MAY, 2025.

P.C. :- 1.

Heard Mr. Chavan, learned advocate for applicants. The applicants are litigating for getting just compensation for their acquired land. Their Reference was partly allowed. They seek to file appeal for further enhancement of compensation.

2.

Learned AGP for respondent Nos. 1 and 2 oppose the application. Respondent No.3,4 and 5 although served failed to appear. 3.

Considering the contents of application and reasons stated therein and the law laid down by the Supreme Court of India in case of Suresh Kumar vs. State of Haryana and others in SLP © No. 670 of 2020, sufficient cause is made out to condone the delay. The application is allowed subject to condition that the applicant files an undertaking to the satisfaction of Registrar (Judicial) of this Court to the effect that he shall not claim interest and statutory benefits for the delayed period, within a period of eight weeks from today. Delay of 635 days caused in filing the appeal is condoned. Appeal be registered.

[S.G. CHAPALGAONKAR, J.] grt/-