Devala Bagu Rathod (Died) Thr Lrs Balchand Devala Rathod v. The State Of Maharashtra Thr Collector, Jalna And ORS

2025:BHC-AUG:3325 (1) 928 CA-10632.2021.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 928 CIVIL APPLICATION NO. 10632 OF 2021 IN FAST/16430/2021 DEVALA BAGU RATHOD (DIED) THROUGH LRS BALCHAND DEVALA RATHOD

VERSUS

THE STATE OF MAHARASHTRA THROUGH COLLECTOR, JALNA AND OTHERS ...

Mr. Pratik Bhosale, Advocate for the applicant. Mr. R.B. Dhaware, A.G.P. for respondent / State. ...

CORAM :

SANDIPKUMAR C. MORE, J.

DATED :

5 FEBRUARY 2025.

ORDER:- 1.

Heard.

2.

Issue notice to respondents. Learned A.G.P. waives service for respondents State Authorities.

3.

Heard rival submissions.

4.

The applicants are seeking condonation of delay of 980 days in filing the appeal, which appears to be caused due to their poor financial condition. The learned AGP for respondent Acquiring Body strongly opposed the application on the ground that the delay is not properly explained. 5.

However, considering the statutory right of the applicants and for the reasons stated in the application, the application is allowed and the delay of 980 days in this application stands

(2) 928 CA-10632.2021.odt condoned subject to condition that the applicants shall not claim any interest for the period of aforesaid delay on the enhanced amount of compensation, if granted.

6.

The appeal be placed for admission after removal of office objections, if any.

7.

The application is accordingly disposed of.

(SANDIPKUMAR C. MORE, J.) VD_Dhirde