Raosaheb Anandrao Aage (Died) Thr Lrs Vitthal And ORS v. The State Of Maharashtra And ORS
907-ca-13234-17
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD CIVIL APPLICATION NO. 13234 OF 2017 IN FAST/16756/2017 RAOSAHEB S/O ANANDRAO AAGE (DIED) THROUGH LRS. VITTHAL RAOSAHEB AAGE AND OTHERS VS THE STATE OF MAHARASHTRA AND OTHERS ....
Mr. D.R. Jayabhar, Advocate for the Applicants Mr. S.G. Sangle, AGP for Respondent Nos. 1 and 2 ....
CORAM : SHRIKANT D. KULKARNI, J.
DATE : 04th JANUARY, 2022 PER COURT:- 1.
It is an application for condonation of delay moved by the applicants / original claimants. There seems to be delay of 219 days in preferring the first appeal.
2.
Heard Mr. D.R. Jayabhar, learned counsel for the applicants and Ms. S.G. Sangle, 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 application for condonation of delay in para nos. 4 and 11, and looking to the legal points involved in the appeal, the delay needs to be condoned in the
907-ca-13234-17 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 application for condonation of delay is 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 appeal as per procedure and it be numbered and place before the concerned Court for admission.
(iii) The civil application is disposed of accordingly. [ SHRIKANT D. KULKARNI ] JUDGE S.P. Rane