Vasant Rajaram Patil v. The Special Land Acquisition Officer-1 Upper Tapi Project Hatnoor Jalgaon And ANR

2025:BHC-AUG:9201 909 CA 7464 2023

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 7464 OF 2023 IN FAST/11365/2023 VASANT RAJARAM PATIL

VERSUS

THE SPECIAL LAND ACQUISITION OFFICER-1 UPPER TAPI PROJECT HATNOOR JALGAON AND ANR.

...

Adv. Madhav M. Bhokarikar, Advocate for Applicant Mr. S. S. Dande, AGP for Respondent No.1 - State Adv. Sandesh R. Patil, Advocate for Respondent No. 2 ...

CORUM :

ROHIT W. JOSHI, J.

DATE :

21st MARCH, 2025 ORDER:

ORDER IN CIVIL APPLICATION NO. 7464 OF 2023:

1.

There is a delay of 1945 days in filing appeal under Section 54 of the Land Acquisition Act, 1894. The applicant/appellant is the land owner.

2.

Having regard to the reasons mentioned in the application, I am inclined to condone the delay, subject to cost of Rs. 5000/- to be paid to the Chairman, Library Committee, Advocates Association of Bombay High Court at Aurangabad Bench and also subject to condition that in that event of enhancement of amount of compensation the appellant/applicant will not be entitled for interest on the enhanced

909 CA 7464 2023 amount of compensation for the period of delay (market value + statutory benefits).

ORDER IN FIRST APPEAL STAMP NO. 11365 OF 2023 : 1.

Admit.

2.

Call Record and Proceedings.

3.

Learned AGP waives service for respondent No. 1. 4.

Learned Advocate, Mr. Sandesh R. Patil, waives service for respondent No. 2.

[ROHIT W. JOSHI] JUDGE KS_Kamble/