Ashruba Ramrao Zungure (Died) Lrs Madhukar (Died) Lrs Sitabai And ORS v. The State Of Maharashtra And ORS

906-ca-13231-17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 13231 OF 2017 IN FAST/14628/2017 WITH CA/13230/2017 IN FAST/14959/2017 ASHRUBA RAMRAO ZUNGURE (DIED) LRS MADHUKAR (DIED) LRS SITABAI AND OTHERS VS THE STATE OF MAHARASHTRA AND OTHERS ....

Mr. D.R. Jayabhar, Advocate for the Applicants Ms. D.S. Jape, AGP for Respondent Nos. 1 and 2 ....

CORAM : SHRIKANT D. KULKARNI, J.

DATE : 04th JANUARY, 2022 PER COURT:- 1.

These are the applications for condonation of delay moved by the applicants / original claimants. There seems to be delay of 120 days in preferring the first appeals.

2.

Heard Mr. D.R. Jayabhar, learned counsel for the applicants and Ms. D.S. Jape, learned AGP for respondent nos, 1 and 2. Respondent No.3 / acquiring body though duly served, none present when matter is called out.

3.

For the reasons stated in the applications for condonation of delay in para nos. 4, 5 and 9, and looking to the legal points involved in the appeals, the delay needs to be condoned in the

906-ca-13231-17 interest of justice. However, the applicants / original claimants shall not be entitled to get statutory benefits as well as the amount of interest as provided in the Land Acquisition Act, 1894 for the delayed period and they need to furnish an undertaking to that effect.

O R D E R

(i) The applications for condonation of delay are hereby allowed in terms of prayer clause (B) on condition that the applicants/ original claimants shall furnish the undertaking with the Registrar (Judicial) of this Court stating that they would not claim the statutory benefits as well as the amount of interest as provided in the Land Acquisition Act, 1894 for the delayed period condoned today by this Court.

(ii) After furnishing the undertaking by the applicants / original claimants, the Registry to make scrutiny of the appeals as per procedure and they be numbered and place before the concerned Court for admission.

(iii) The civil applications are disposed of accordingly. [ SHRIKANT D. KULKARNI ] JUDGE S.P. Rane