Shivdas Shankarappa Harnale And ANR v. The State Of Maharashtra And ORS

2024:BHC-AUG:2900

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 4265 OF 2020 IN FAST/11621/2019 Gunderao Rajaram Chavan (died) Thr Lrs Sonabai And Ors

VERSUS

The State Of Maharashtra And Ors WITH CIVIL APPLICATION NO. 4271 OF 2020 IN FAST/12884/2019 Rasikabai Bapurao Kanore

VERSUS

The State Of Maharashtra And Ors WITH CIVIL APPLICATION NO. 4270 OF 2020 IN FAST/12886/2019 Gunderao Narhari Mortale

VERSUS

The State Of Maharashtra And Ors WITH CIVIL APPLICATION NO. 4269 OF 2020 IN FAST/12888/2019 Digambar Rajaram Chavan

VERSUS

The State Of Maharashtra And Ors WITH CIVIL APPLICATION NO. 4268 OF 2020 IN FAST/12891/2019 Shivdas Shankarappa Harnale And Anr

VERSUS

The State Of Maharashtra And Ors WITH

CIVIL APPLICATION NO. 4267 OF 2020 IN FAST/12894/2019 Govind Dhondiba Shele

VERSUS

The State Of Maharashtra And Ors WITH CIVIL APPLICATION NO. 4266 OF 2020 IN FAST/12899/2019 Venkat Dhondiba Shele

VERSUS

The State Of Maharashtra And Ors ...

Mr. V. G. Sakolkar, Advocate for Applicant Mr. D. B. Bhanage, AGP for Respondent Nos. 1 and 2 Mr. G. V. Patil, Advocate for Respondent No. 3 ...

CORAM

: R.M. JOSHI, J DATE : FEBRUARY 09, 2024 COMMON ORDER :

1.

These applications are filed for condonation of delay of 2293 days in preferring appeals against judgments and award dated 18.09.2012 passed in land acquisition references.

2.

Applicants claim that they did not have knowledge about the judgment and award and they could get said knowledge in the month of September, 2018. It is further claimed that Applicants have received the amount of compensation in the month of September, 2019

and thereafter, they could arrange funds for preferring appeal.

3.

Learned AGP and learned counsel for acquiring body have opposed the applications on the ground that no satisfactory reason is given for condonation of delay.

4.

Appeals sought to be filed by applicants arises out of compulsory acquisition of land. It is the right of the claimants to seek just and fair compensation in respect of the said compulsory acquisition. This Court finds no mala fides on the part of the applicants in not preferring appeals in time. 5.

Having regard to these facts, applications deserve to be allowed. Hence, applications are allowed in terms of prayer clause 'B' respectively. Applicants would not be entitled to get interest for the period of delay, if they succeed in Appeals. Appeals be registered.

(R. M. JOSHI, J.) Malani