Shivdas Ramdas Rathod v. The State Of Maharashtra Through The Collector Jalna And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 954 CIVIL APPLICATION NO.6283 OF 2023 IN FAST/568/2023 SUKHDEO KISAL PADUL DIED THR LRS PUSHPABAI S.PADUL AND ORS THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR AURANGABAD AND ORS Advocate for Respondent 3 : Mrs. Asha D. Sherkhane 957 CIVIL APPLICATION NO.7540 OF 2023 IN FAST/9162/2023 SHAIKH KARIM SHAIKH CHAND DIED THR LRS FATEMABI SK. KARIM DIED THR LRS MANNU SK.KARIM AND ORS 958 CIVIL APPLICATION NO.7541 OF 2023 IN FAST/9144/2023 UTTAM PANDITRAO DEVHADE 959 CIVIL APPLICATION NO.7542 OF 2023 IN FAST/9149/2023 SHIVDAS RAMDAS RATHOD

960 CIVIL APPLICATION NO.7543 OF 2023 IN FAST/9151/2023 NAMDEO RAMDAS RATHOD 961 CIVIL APPLICATION NO.7544 OF 2023 IN FAST/9153/2023 KANTABAI BHAUSAHEB GAIKE 962 CIVIL APPLICATION NO.7545 OF 2023 IN FAST/9155/2023 NARAYAN DADABHAU KHARAT 963 CIVIL APPLICATION NO.7546 OF 2023 IN FAST/9158/2023 SHIVAJI GANPAT NAGWE 964 CIVIL APPLICATION NO.7547 OF 2023 IN FAST/9160/2023

JIJA KONDIBA SHINDE AND ANR CORAM : ARUN R. PEDNEKER, J.

DATED : 07/09/2023 PER COURT :

1.

Heard the learned counsel for the respective parties. 2.

The first appeals are filed for enhancement of compensation along with the applications for condonation of delay period mentioned in the applications, which appears to be caused due to poor financial conditions of the applicants.

3.

The learned AGP as well as the learned counsel appearing for Acquiring Body in some matters strongly opposed the delay condonation applications on the ground that no reasonable cause is mentioned in the delay condonation applications.

4.

The learned counsel for the applicants also submits that in the identical facts, situation, this Court by order dated 28.4.2023 in Civil Application No. 5015/2023 in First Appeal St. No. 5523/2023 with connected matters has condoned the delay caused in filing the appeals, on the condition that the applicants therein shall not claim any interest for the delay period.

5.

In view of the above, considering the statutory rights of the applicants and for the reasons stated in the applications, the delay condonation applications are allowed and the delay caused in filing appeals is condoned, subject to condition that the appellants/applicants

herein shall not claim any interest for the above delay period. Applications are disposed of.

6.

First appeals are admitted. The learned AGP waives service of notice for respondent- State authorities and learned counsel Mrs. Asha D. Sherkhane and Mr. Sudhir Bhalerao waives service for acquiring body in respective appeals after admission.

7.

All office objections to be removed within four weeks. [ARUN R. PEDNEKER J.] ssc/