Kantabai Sakharam Sarkate v. The State Of Maharashtra Through Collector, Jalna And Others

2025:BHC-AUG:6056

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 7051 OF 2023 IN FAST/9695/2023 Kantabai Sakharam Sarkate

VERSUS

The State Of Maharashtra Through Collector, Jalna And Others WITH CIVIL APPLICATION NO. 7052 OF 2023 IN FAST/9700/2023 Achyut Kisan Bharaskar

VERSUS

The State Of Maharashtra Through Collector, Jalna And Others .....

Mr. S. 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 2198 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, 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 2198 days caused in filing the Appeals is hereby condoned.

c.

Appeals be registered.

d.

Civil Applications stand disposed of.

APPEALS :

FIRST APPEAL STAMP NO.9695 OF 2023 AND FIRST APPEAL STAMP NO.9700 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