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Bombay High CourtCA/7860/2024admittedallowedgrantedrule absolute

Harchand Bhivsan Pawar v. The S.L.A.O.1 Cum Deputy Collector Dhule And ANR

2025-07-03Hon'Ble Shri Justice Shailesh P. Brahme3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 934 CIVIL APPLICATION NO. 7860 OF 2024 IN FAST/16562/2024 HARCHAND BHIVSAN PAWAR

VERSUS

THE S.L.A.O.1 CUM DEPUTY COLLECTOR DHULE AND ANR AND 935 CIVIL APPLICATION NO. 7866 OF 2024 IN FAST/16767/2024 BABAN HARI DHIWARE

VERSUS

THE SPECIAL LAND ACQUISITION OFFICER -1 CUM DEPUTY COLLECTOR, DHULE AND ANR AND 936 CIVIL APPLICATION NO. 7876 OF 2024 IN FAST/17288/2024 WITH CIVIL APPLICATION NO. 7875 OF 2024 IN FAST/17313/2024 UDESING GULZARSING GIRASE

VERSUS

THE SPECIAL LAND ACQUISITION OFFICER, MEDUMA PROJECT DHEUL AND ANR AND 937 CIVIL APPLICATION NO. 9162 OF 2024 IN FAST/17249/2024 HIRAMAN BHIWSAN PAWAR

VERSUS

THE DEPUTY COLLECTOR, THE S.L.A.O.1, DHULE AND ANR AND 939 CIVIL APPLICATION NO. 10543 OF 2024 IN FAST/26087/2024 ANANDA SHANKAR BAGUL (DIED) THR. LRS. LAXMIBAI ANANDRAO BAGUL AND ORS

VERSUS

THE DEPUTY COLLECTOR LAND ACQUISITION OFFICER-1, DHULE AND ANR AND 940 CIVIL APPLICATION NO. 10577 OF 2024 IN FAST/26025/2024

KRUPALSING GULJARSING GIRASE

VERSUS

THE DEPUTY COLLECTOR-CUM-SPECIAL LAND ACQUISITION OFFICER-1, DHULE AND ANR ...

Advocate for Applicants in all CA : Mr. S. P. Salgar h/f Mr. Devakate Anant Ramahari AGPs for Respondent/s-State in all : Mr. D. B. Bhange, Mr. B. A. Shinde, respectively.

...

CORAM : SHAILESH P. BRAHME, J.

DATE : 03.07.2025 PER COURT :- 1.

Heard both the sides.

2.

These applications are for condonation of delay in preferring appeals challenging judgments and awards passed by the reference Court.

3.

Learned counsel for the applicants submits that for the reasons stated in paragraph Nos.4 and 5 of the applications, delay deserves to be condoned. He would submit that his clients are ready to give up interest and statutory benefits for the delayed period. There are no malafides in preferring appeals belatedly.

4.

Learned AGPs would oppose the submissions of the applicants.

5.

Considering the pleadings of the parties and their submissions, I am of the view that delay needs to be condoned. The applicants are foregoing interest and statutory benefits, it is desirable to condone the delay.

6.

I do not find any malafides on the part of the applicants. 7.

Civil applications are allowed in terms of prayer clause "B" on condition that applicants shall not be entitled to claim interest and statutory benefits for the delayed period. 8.

Office is directed to register first appeals. In First Appeals .

9.

Admit.

10.

Learned AGPs waive service of notice for respondents/ State.

11.

Call for Record and Proceedings from the concerned Court.

12.

Appellants shall pay deficit court fees if any within a period of two (2) weeks from today.

13.

It is clarified that appellants shall not be entitled to interest and statutory benefit for the period of delay, if they succeed in appeal.

(SHAILESH P. BRAHME, J.) ...

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