Tukaram Kashinath Jarhad And ORS v. The State Of Maharashtra Through The Collector Jalna And ORS

CA 10148/23

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 9 CIVIL APPLICATION NO. 10148 OF 2023 IN FAST/12395/2023 Tukaram Kashinath Jarhad And Ors

VERSUS

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

Advocate for Applicant : Mr. I.K. Wagh h/f. G.M. More AGP for Respondent Nos. 1 & 2 : Mr. S.K. Sirse ...

CORAM

: KISHORE C. SANT, J.

Dated : June 13, 2024 PER COURT :- 1.

Heard the learned advocates for the parties.

2.

This application is filed by the original claimant/appellant for condonation of delay of 385 days caused in filing the the first appeal for enhancement of compensation amount. The learned Reference Court, though has allowed the reference, has not granted reliefs as prayed by the appellant.

3.

It is stated in the application that the applicants are poor villagers, they had no knowledge of court proceedings, they are not aware of legal remedies, legal proceedings and the limitation for filing the appeal. Considering that the applicants pray for allowing the application. The learned counsel for the applicants undertakes that the applicants will not claim interest on the enhanced amount for the period of delay.

4.

The application is vehemently opposed by the learned AGP .

CA 10148/23 5.

Considering that the appellants have lost their land in the acquisition proceedings, it would be desirable to allow the application by condoning that delay. Hence, the following order :-

ORDER

1.

The application stands allowed.

2.

The delay of 385 days stands condoned.

3.

Office to register the appeal.

4.

The application is disposed of.

( KISHORE C. SANT, J. ) ssc/