Ramnath Asraji Navpute (Died) Thr Lrs Tarabai And ORS v. The State Of Maharashtra Thr The Collector, Aurangabad And ORS
{1}
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 929 CIVIL APPLICATION NO.10891 OF 2022 IN FAST/16679/2022 GANGUBAI PRALHAD DAHIHANDE
VERSUS
THE STATE OF MAHARASHTRA THR THE COLLECTOR, AURANGABAD AND ORS ...
Advocate for Applicants : Mr. Abhishek M. Hajare AGP for Respondents: Mr. S.S. Dande.
With 930 CIVIL APPLICATOIN NO. 10892 OF 2022 IN FA.S.T. 16652 OF 2022 ASARAM BANDU GAJARE
VERSUS
THE STATE OF MAHARASHTRA THR THE COLLECTOR, AURANGABAD AND ORS ...
WITH 931 CIVIL APPLICATION NO.10893 OF 2022 IN FAST/16666/2022 HARIDAS RAVJI NAVPUTE
VERSUS
THE STATE OF MAHARASHTRA THR THE COLLECTOR, AURANGABAD AND ORS ...
WITH 932 CIVIL APPLICATION NO.11437 OF 2022 IN FAST/16672/2022 VISHNU WAMAN GAVHANE
VERSUS
THE STATE OF MAHARASHTRA THR THE COLLECTOR, AURANGABAD AND ORS .
AND
{2} 933 CIVIL APPLICATION NO.11578 OF 2022 IN FAST/16657/2022 RAMNATH ASRAJI NAVPUTE (DIED) THR LRS TARABAI AND ORS
VERSUS
THE STATE OF MAHARASHTRA THR THE COLLECTOR, AURANGABAD AND ORS Advocate for Applicants : Mr. Abhishek M. Hajare AGP for Respondents: Mr. S.S. Dande.
CORAM : S.G. CHAPALGAONKAR, J.
DATE : 18TH AUGUST, 2023 ORDER :- Heard learned counsel for the parties.
2.
Mr. Hajare, the learned counsel for the applicants submit that the applicants are agriculturists and have lost their lands on account of compulsory acquisition. Due to poverty and for want of appropriate legal advice, they could not approach this court within the stipulated time. Further, the compensation amount as per the award of the Reference Court is received in the month of June, 2022. As such, the applicants could file the appeal after getting the necessary funds. They are litigating for getting market value for their acquired land. He further submits that if this court considers their request for condonation of delay, the applicants shall not claim any interest and statutory benefit for the delayed period.
3.
The learned AGP for the respondents vehemently opposes the application stating that the delay is not properly explained.
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Since the applicants are litigation for the just compensation of their acquired land and the fact that they are agriculturist and rustic persons, it would be appropriate to condone the delay, however, subject to certain conditions. Hence, the following order. : O R D E R :- [i] Civil applications are allowed.
[ii] Delay caused in filing the appeals is condoned subject to condition that the claimant shall not be entitled to claim interest and statutory benefits for the delayed period and file an undertaking to that effect to the satisfaction of the Registrar (Judicial) of this Court within a period of two weeks from today.
[iii] Civil applications stand disposed of.
[S.G. CHAPALGAONKAR] JUDGE grt/-