Shankar Pandhari Sathe (Died) Thr Lrs. Sulabai Shankar Sathe And Another v. The State Of Maharashtra, Through The Collector, Latur And Another

(1) 911 CA-12716.2021.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.12716 OF 2021 IN FAST/13204/2021 SHANKAR PANDHARI SATHE (DIED) THROUGH LRS.

SULABAI SHANKAR SATHE AND ANOTHER

VERSUS

THE STATE OF MAHARASHTRA, THROUGH THE COLLECTOR, LATUR AND ANOTHER ...

Mr. H.B. Nandagavale, Advocate for the applicants. Mr. S.r. Yadav-Lonikar, A.G.P. for respondent Nos. 1 and 2. ...

CORAM :

SANDIPKUMAR C. MORE,J.

DATED :

02.08.2022.

ORDER:- 1.

The applicants are claiming condonation of delay of 2524 days in fling the frst appeal against the award dated 25.02.2013 in LAR No. 195 of 2004. The learned Counsel for applicants submits that the Acquiring Body till today has not deposited any amount of compensation, despite fling of execution proceedings to that effect.

2.

The learned A.G.P. for the respondents took strong objection. However, considering the statutory right of the applicants and for the reasons stated in the Application, the application is allowed and the delay of 2524 days stands condoned in the interest of justice, subject to condition that

(2) 911 CA-12716.2021.odt the applicants shall not claim any interest for such delay period.

3.

The Civil Application is accordingly disposed of. 4.

The First Appeal be placed for admission, after removal of offce objections, if any.

(SANDIPKUMAR C. MORE, J.) vd_dhirde