Namdeo Gabbu Chavhan v. The State Of Maharashtra Through The Collector Jalna And ORS

2025:BHC-AUG:6051

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 6293 OF 2023 IN FAST/7512/2023 Devidas Dhondiba Rathod

VERSUS

The State Of Maharashtra Through The Collector Jalna And Ors WITH CIVIL APPLICATION NO. 6295 OF 2023 IN FAST/7515/2023 Namdeo Gabbu Chavhan

VERSUS

The State Of Maharashtra Through The Collector Jalna And Ors WITH CIVIL APPLICATION NO. 6296 OF 2023 IN FAST/7517/2023 Vitthal Dhondiba Rathod

VERSUS

The State Of Maharashtra Through The Collector Jalna And Ors WITH CIVIL APPLICATION NO. 6294 OF 2023 IN FAST/7521/2023 Manohar Chandu Chavhan

VERSUS

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

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

CORAM : ROHIT W. JOSHI, J.

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

Heard the learned Advocate appearing for the respective parties.

2.

By these applications, the applicants seek to condone the delay of 2392 days caused in filing the Appeals under the provisions of Land Acquisition Act.

3.

Although, the delay is inordinate, having regard to the fact that the matters pertain to land acquisition case, it will be expedient in the interest of justice to condone the delay. However, having regard to the delay, 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 any. Hence, following order:

ORDER

a.

Civil Applications are allowed.

b.

Delay of 2392 days caused in filing the Appeals is hereby condoned on the condition that the appellant will not be entitled for interest for the period of delay on the enhanced amount of compensation, if any.

c.

Appeals be registered.

d.

Civil Applications stand disposed of.

APPEALS :

IN FIRST APPEAL STAMP NO.7512 OF 2023 IN FIRST APPEAL STAMP NO.7515 OF 2023 IN FIRST APPEAL STAMP NO.7517 OF 2023 IN FIRST APPEAL STAMP NO.7521 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