Shenthanibai Shivlal Jadhav v. The State Of Maharashtra And ORS
933-CA-8477-2019++.odt
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD CIVIL APPLICATION NO.8477 OF 2019 IN FAST/17516/2018 CHAGAN GOBRU VANJARI
VERSUS
THE STATE OF MAHARASHTRA AND ORS WITH CIVIL APPLICATION NO.8476 OF 2019 IN FAST/17518/2018 SAKHUBAI DESHMUKH RATHOD
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS WITH CIVIL APPLICATION NO. 8479 OF 2019 IN FAST/17520/2018 SHENTHANIBAI SHIVLAL JADHAV
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS WITH CIVIL APPLICATION NO. 8478 OF 2019 IN FAST/17523/2018 PELAD ANANDA VANJARI
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS ....
Ms Sakshi Kale, Advocate h/f Mr. A. B. Kale, Advocate for applicants Mr. A. S. Shinde, AGP for respondent Nos. 1 to 3 Mr. A. B. Dhongade, Advocate for respondent No.4 ....
(( 2 )) 933-CA-8477-2019++ CORAM : S. G. CHAPALGAONKAR, J.
DATE : 23.02.2023 PER COURT :- Heard.
2.
These are the applications seeking condonation of delay of 324 days caused in filing respective appeals against the judgment and award dated 02.05.2017 passed by the Reference Court in L.A.R. Nos.86/2008, 84/2008, 85/2008 and 83/2008, respectively. 3.
The learned Advocate appearing for applicants submits that the applicants have lost their land on account of acquisition. They have been inadequately compensated. The delay caused in filing the respective appeals is unintentional. They have not derived any advantage out of such delay.
4.
The learned Advocate appearing for respondent No.4 strongly opposes the prayers to condone the delay. He would point out that no particular reasons for such delay are mentioned in the applications. The contents of applications are vague. In absence of plausible explanation, delay may not be condoned. In the alternative, he submits that in case the delay is condoned, the applicants shall not be entitled for interest for the period of delay. 5.
I have considered the arguments advanced by learned Advocates. For the reasons stated in the applications particularly in
(( 3 )) 933-CA-8477-2019++ para Nos. 2 to 4, the delay of 324 days deserves to be condoned. However, the applicants shall not be entitled to claim the interest for the period of delay in case the appeals are allowed and enhanced amount of compensation is granted.
6.
The civil applications are allowed in aforesaid terms. The delay of 324 days caused in filing the respective appeals is condoned. 7.
Appeals be registered.
[ S. G. CHAPALGAONKAR, J. ] SMS