← Library
Bombay High CourtCA/7126/2023delay condonatedrejected

Shaikh Nasir Shaikh Janu Died Thr Lrs Shaikh Raffiuddin Shaikh Nasir And ORS v. The State Of Maharashtra Through The Special Land Acquisition Officer, J.P.1, Aurangabad And ANR

2023-09-21Hon'Ble Shri Justice Arun R. Pedneker3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 965 CIVIL APPLICATION NO.6569 OF 2023 IN FAST/13820/2023 SHAIKH VAJIR SHAIKH AHMED PATEL

VERSUS

THE STATE OF MAHARASHTRA THR THE S.L.A.O., JAYAKWADI PRO. NO.1, AURANGABAD AND ANR ...

Advocate for Applicant : Mr. T. C. Sonawane AGP for Respondents-State : Mrs. R. P. Gour ...

AND 966 CIVIL APPLICATION NO.6571 OF 2023 IN FAST/13822/2023 SHAIKH HASAN SHAIKH CHAND

VERSUS

THE STATE OF MAHARASHTRA THR THE S.L.A.O., JAYAKWADI PRO. NO.1, AURANGABAD ANR ...

Advocate for Applicants : Mr. T. C. Sonawane AGP for Respondents-State : Mr. N. T. Bhagat ...

AND 968 CIVIL APPLICATION NO.7126 OF 2023 IN FAST/15692/2023 SHAIKH NASIR SHAIKH JANU DIED THR LRS SHAIKH RAFFIUDDIN SHAIKH NASIR AND ORS

VERSUS

THE STATE OF MAHARASHTRA THROUGH THE SPECIAL LAND ACQUISITION OFFICER, J.P.1, AURANGABAD AND ANR ...

Advocate for Applicants : Mr. T. C. Sonawane AGP for Respondents-State : Mr. K. B. Jadhavar ...

965 CA 6569-2023 CORAM :

ARUN R. PEDNEKER, J.

DATE :

21/09/2023 PER COURT :

Heard the learned Advocate for the applicants and the learned AGP for the State. The learned Advocate for the applicants submits that though the respondent No.2 served, has not entered appearance.

2.

The first appeals are filed for enhancement of compensation along with the application for condonation of delay of 2593 days in CA/6569/2023, 2580 days in CA/6571/2023 and 2589 days in CA/7126/2023.

3.

The learned Advocate for the applicants submits that the appellants/applicants are poor agriculturists and their lands are compulsorily acquired for public purpose. The acquired lands were the main source of income of the applicants/appellants and they have no other source of income. He further submits that delay be condoned subject to the condition that he would not claim interest

965 CA 6569-2023 for the delay period.

4.

In view of the submission made, the delay of 2593 days in CA/6569/2023, 2580 days in CA/6571/2023 and 2589 days in CA/7126/2023, stand condoned subject to the condition that applicants/appellants shall not claim interest for the delay period. All applications are allowed and disposed of. 5.

All appeals are Admitted.

6.

Call for record and proceedings.

7.

In the First Appeals, the learned AGP waives service of notice on behalf of respondent No.1 after admission. ( ARUN R. PEDNEKER, J. ) vj gawade/-.