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Bombay High CourtCA/8687/2023delay condonatedrejected

Govind Bhimrao Suryawanshi Died Thr Lrs Venkat Govind Suryawanshi And ORS v. The State Of Maharashtra Through The Collector Latur And ORS

2023-09-21Hon'Ble Shri Justice Arun R. Pedneker3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 970 CIVIL APPLICATION NO.8685 OF 2023 IN FAST/13314/2023 MUNABEE FAKRUDDIN SHAIKH

VERSUS

THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR LATUR AND ORS ...

Advocate for Applicant : Mr. Anurag Sakolkar h/f Mr. Vijay Sakolkar AGP for Respondents No.1 and 2-State : Mrs. R. P. Gour ...

AND 971 CIVIL APPLICATION NO.8687 OF 2023 IN FAST/13281/2023 WITH CA/8688/2023 IN FAST/13308/2023 GOVIND BHIMRAO SURYAWANSHI DIED THR LRS VENKAT GOVINDSURYAWANSHI AND ORS

VERSUS

THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR LATUR AND ORS ...

Advocate for Applicants : Mr. Anurag Sakolkar h/f Mr. Vijay Sakolkar AGP for Respondents No.1 and 2: Mr. N. T. Bhagat ...

CORAM :

ARUN R. PEDNEKER, J.

DATE :

21/09/2023 PER COURT :

Heard the learned Advocate for the applicants and the learned AGP for the State. The learned Advocate for the applicants submits that though the respondent No.3 is served, has not entered

970 CA 8685-2023 appearance.

2.

The first appeals are filed for enhancement of compensation along with the application for condonation of delay of 2203 days in CA/8685/2023 and 2533 days in CA/8687/2023.

3.

The learned Advocate for the applicants submits that the appellants/applicants are poor agriculturists and their lands are compulsorily acquired for public purpose. The acquired lands were the main source of income of the applicants/appellants and they have no other source of income. He further submits that delay be condoned subject to the condition that he would not claim interest for the delay period.

4.

In view of the submission made, the delay of 2203 days in CA/ 8685/2023 and 2533 days in CA/8687/2023, stand condoned subject to the condition that applicants/appellants shall not claim interest for the delay period. Both the applications are allowed and disposed of.

5.

Both appeals are Admitted.

970 CA 8685-2023 6.

Call for record and proceedings.

7.

In the First Appeals, the learned AGP waives service of notice on behalf of respondent No.1 after admission. ( ARUN R. PEDNEKER, J. ) vj gawade/-.