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Bombay High CourtCA/7465/2023admittedallowedgrantedrule absolute

Sopan Gunaji Bansode Died Thr Lrs Gunaji Sopan Bansode v. The State Of Maharashtra Through The Collector Latur And ORS

2025-02-27Hon'Ble Shri Justice Rohit W. Joshi2 pages

2025:BHC-AUG:6112 7465.2023CA

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 919 CIVIL APPLICATION NO. 7465 OF 2023 IN FAST/11284/2023 Sopan Gunaji Bansode Died Thr Lrs Gunaji Sopan Bansode

VERSUS

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

Advocate for Applicant : Mr. Sontakke Gajanan K. AGP for Respondent Nos.1 and 3 : Mr. S. P.Joshi .....

CORAM : ROHIT W. JOSHI, J.

Dated : 27th FEBRUARY, 2025 PER COURT :- .

Heard the learned Advocate appearing for the respective parties.

2.

By this application, the applicant seeks to condone the delay of 2251 days caused in filing the Appeal under the provisions of Land Acquisition Act.

3.

Although, the delay is inordinate, having regard to the fact that the matter pertains 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

7465.2023CA any. Hence, following order:

ORDER

a.

Civil Application is allowed.

b.

Delay of 2251 days caused in filing the Appeal is hereby condoned.

c.

Appeal be registered.

d.

Civil Application is disposed of.

FIRST APPEAL (STAMP) NO. 11284 OF 2023 1.

Heard.

2.

Admit.

3.

Issue notice to respondents. Learned AGP waives service of notice for respondent Nos.1 and 3.

4.

Appellant is permitted to serve respondent no.2 by all permissible modes in addition to regular mode of service. 5.

Call Record and Proceeding.

( ROHIT W. JOSHI, J. ) SGA/-