Sakharam Govind Dhapate Died Thr Lrs Madan Sakharam Dhapate v. The State Of Maharashtra Through The Collector Beed And ANR
2025:BHC-AUG:781
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 968 CIVIL APPLICATION NO. 6052 OF 2024 IN FAST/10042/2024 Yusufkhan Sikandar Khan Pathan
VERSUS
The State Of Maharashtra Through The Collector Beed And Anr.
...
Advocate for Applicant : Mr. Bhise Raghvendra Diliprao AGP for Respondents: Mr. D B Bhange Advocate for Respondent 2 : Mr. R.A Tambe ...
AND 969 CIVIL APPLICATION NO. 6053 OF 2024 IN FAST/13750/2024 Sakharam Govind Dhapate Died Thr Lrs Madan Sakharam Dhapate
VERSUS
The State Of Maharashtra Through The Collector Beed And Anr ...
Advocate for Applicant : Mr. Bhise Raghvendra Diliprao AGP for Respondents: Mr. V S Badakh Advocate for Respondents : Mr. S.A. Mulla h/f R.K. Ingole ...
AND 970 CIVIL APPLICATION NO. 6055 OF 2024 IN FAST/13753/2024 Sakharam Govinda Dhapate Died Thr Lrs Madan Sakharam Dhapate
VERSUS
The State Of Maharashtra Through The Collector Beed And Anr ...
Advocate for Applicant : Mr. Bhise Raghvendra Diliprao AGP for Respondents: Mr. D B Bhange
...
971 CIVIL APPLICATION NO. 6058 OF 2024 IN FAST/13505/2024 Laxmibai Sakahram Dhapate (died) Thr. Lrs Madan S. Dhapate
VERSUS
The State Of Maharashtra, Through The Collector, Beed And Anr ...
Advocate for Applicant : Mr. Bhise Raghvendra Diliprao AGP for Respondents: Mr. V S Badakh Advocate for Respondent 2 : Mr. Jadhav Hanumant P. ...
AND 972 CIVIL APPLICATION NO. 6159 OF 2024 IN FAST/13501/2024 Sakahram Govinda Dhapate Died Thr Lrs Madan Sakharam Dhapate
VERSUS
The State Of Maharashtra, Through The Collector, Beed And Anr ...
Advocate for Applicant : Mr. Bhise Raghvendra Diliprao AGP for Respondents: Mr. D B Bhange ...
CORAM : S. G. CHAPALGAONKAR, J.
Dated : January 10, 2025 PER COURT :- 1.
Heard learned advocates appearing for the respective parties.
2.
The applicant/s seeks to condone the delay caused in filing the appeal/s against the impugned judgment award passed by the Reference Court.
3.
Learned advocates appearing for the applicant/s submits that the applicant is a small land holder and his land has been acquired under the award for Minor Irrigation Tank. He was inadequately compensated. Hence, preferred Reference under section 18 of the Land Acquisition Act, which has been partly allowed. He is not satisfied with the compensation awarded. It is further submitted that the applicant is a rustic person, residing in remote area and unaware about the procedure. The delay is not intentional.
4.
Learned advocates appearing for the respondents strongly opposes the prayer contending that explanation offered cannot be termed as sufficient cause. 5.
Admittedly, applicant is litigating for the just compensation towards acquired land. He is agriculturist residing in remote area and not conversant with the procedure under law. Although, delay cannot be said to be explained for each and every day, considering the nature of dispute between parties and explanation tendered, sufficient cause is made out to condone the delay, however, subject to condition that the applicant/s shall not claim interest for the delayed period, in case his prayer for enhancement of the compensation is positively considered in the appeal. Hence, following order.
ORDER
i.
Application is allowed.
ii.
The delay caused in filing appeal is hereby condoned subject to condition that the applicant tenders an undertaking addressed to
the Registrar (Judicial) of this Court that he shall not claim interest and other statutory benefits for the delayed period, in case his appeal is favorably considered. Undertaking be filed within a period of (8) eight weeks from today.
iii.
Appeal be registered subject to removal of the office objections.
( S. G. CHAPALGAONKAR, J. ) ...
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