Uttam Trimbak Kadam (Died) Thr Lrs Bhagirathibai And ORS v. Special Land Acquisition Officer, Jayakwadi Prakalp, Aurangabad And Another

1 959

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 959 CIVIL APPLICATION NO.17143 OF 2022 WITH FAST/10117/2021 UTTAM TRIMBAK KADAM (DIED) THR LRS BHAGIRATHIBAI AND ORS

VERSUS

SPECIAL LAND ACQUISITION OFFICER, JAYAKWADI PRAKALP, AURANGABAD AND ANOTHER ...

Advocate for Applicants:

Mr. Pahune Patil Nandkishor J.

AGP for Respondent/State: Mr. S. B. Pulkundwar ...

CORAM :ARUN R. PEDNEKER, J.

DATE :31st OCTOBER, 2023 PER COURT:

1.

Heard.

2.

Although respondent no.2 / Acquiring Body is served, none appears.

3.

The learned counsel for the applicants submits that the applicants are poor agriculturists and that their lands are compulsorily acquired. The learned counsel further submits that the applicants would not claim

2 959 interest and statutory benefit for the delayed period.

4.

The learned AGP opposes the application for condonation of delay.

5.

In view of the submissions made by the learned counsel appearing for the applicants, delay of 1039 days is condoned, subject to the condition that the applicants will not be entitled for interest and statutory benefit for the delayed period. The civil application for condonation of delay stands disposed of.

6.

The First Appeal is admitted. On admission, the learned AGP waives notice for respondent no.1. Call R & P. Office objections, if any, to be removed within a period of four (04) weeks from today.

[ARUN R. PEDNEKER, J.] marathe