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Bombay High CourtCA/4898/2021disposed off

Abhimanyu Bapureddy Yenge (Died) Thr Lrs Shalubai And ORS v. The State Of Maharashtra And ANR

2022-08-04Hon'Ble Shri Justice Sandipkumar C. More2 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 903 CIVIL APPLICATION NO.4897 OF 2021 IN FAST/15444/2019 WITH CA/4898/2021 IN FAST/15363/2019 CHANDARRAO GOVINDRAO GARAD (DIED) THR LRS SATYABHAMA AND ANOTHER

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for Applicants : Mr. Chillarge Subhash S. AGP for Respondents - State : Mr. S. R. Yadav - Lonikar ...

CORAM : SANDIPKUMAR C. MORE, J.

DATE : 04.08.2022 PER COURT :

.

The applicants, in all these applications, are seeking delay of 1670 days in fling frst appeal award dated 08.07.2014 in their respective Land Acquisition Reference Numbers. However, this Court under order dated 13.12.2021 expressed its opinion that if the delay is condoned then the applicants may not be entitled for interest or any other monetary benefts for the entire delay of 1670 days plus additional period of two and half years.

2.

The learned AGP strongly opposed the applications and submitted that the additional two and half years period is

mentioned by this Court in the aforesaid order mainly because despite fling the appeal in the year 2019, the applicants failed to take urgent circulation till 2022.

3.

The respondent No.2 - acquiring body though served but remained absent.

4.

In view of the same and considering the earlier observations, the delay of 1670 days stands condoned subject to condition that the applicants shall not be entitled for claiming interest for the aforesaid period of delay plus for the period of two and half years as mentioned in earlier order dated 13.12.2021. The applications stand accordingly disposed of and accordingly disposed of.

5.

Appeals be placed for admission after removal of ofce objections.

(SANDIPKUMAR C. MORE, J) JUDGE .....

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