Bhiva Vithu Ghorpade (Died) Thr Lrs Tukaram And ANR v. The State Of Maharashtra And ANR

905ca7556.22 delay

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 905 CIVIL APPLICATION NO. 7556 OF 2022 IN FAST/7414/2020 BHIVA VITHU GHORPADE (DIED) THR LRS TUKARAM AND ANR

VERSUS

THE STATE OF MAHARASHTRA AND ANR ...

Advocate for Applicant : Mr. Bide Dnyaneshwar A. AGP for Respondents/State : Mrs. D.B. Bhange Advocate for Respondent No. 2 : Mr. Vinod P Patil ...

CORAM : KISHORE C. SANT, J.

DATE : 20th JULY, 2024.

PER COURT :

1.

Heard the parties.

2.

This application is for condonation of delay of 2259 days caused in filing of the first appeal. The application is by the original Claimants for enhancement of the amount of compensation.

3.

Learned AGP and learned Advocate for the Acquiring Body have opposed the application.

4.

Considering that the applicants are the legal representatives of Original Claimants and the amount is awarded. This application is for enhancement of the amount of

905ca7556.22 delay compensation in respect of land acquired by the Acquiring Body, this Court is inclined to allow the application on certain conditions. Hence following order :

ORDER

a) The Civil Application stands allowed and disposed off.

b) Delay of 2259 days stands condoned subject to deposit of cost of Rs. 500/- (Five Hundred), to be deposited in the office of the Legal Services Authority, Sub Committee, High Court, Aurangabad, within four weeks from today.

c) It is made clear that the applicant shall not be entitled for any interest for the delayed period in case the appeal is allowed in view of the undertaking on record.

( KISHORE C. SANT ) JUDGE mahajansb/