Annapurna Jagannath Kochure (Died) Thr Lrs Sunil And ANR v. Special Land Acquisition Officer I U.T.P.H. Jalgaon And ANR

2025:BHC-AUG:12189

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD.

932 CIVIL APPLICATION NO. 7924 OF 2022 IN FAST/17587/2020 Annapurna Jagannath Kochure (died) Thr LRs Sunil And Anr

Versus

Special Land Acquisition Officer I U.t.p.h. Jalgaon And Anr .....

Shir. Akash E. Madne h/f. Shri. A. B. Kale, Advocate for the Applicants Shri. P. P. Dawalkar, AGP for Respondent No.1 / State. Shri. Shivraj B. Kadu, Advocate for Respondent No.2 .....

CORAM : NEERAJ P. DHOTE, J.

Dated : APRIL 24, 2025 PER COURT :- .

This is the Application for condonation of 3517 days delay in preferring the First Appeal by the Legal Heirs of the Original Claimant for enhancement in the amount of compensation in the land acquisition proceedings.

2.

The learned Advocate for the Applicants submits that sufficient reasons are shown in the Application which prevented the Applicants to prefer the Appeal within the stipulated time. He submits that the Application be allowed.

3.

The Application is opposed by the learned AGP appearing for Respondent No.1 and the learned Advocate appearing for Respondent No.2 - Acquiring Body. They submit that no sufficient reasons are shown in the Application and the Application be rejected. 4.

Additionally, the learned Advocate for the Respondent No.2 - Acquiring Body submits that, in case, this Court allows the Application,

the Applicants shall not be entitled to the interest and the statutory benefits for the delayed period and also, for the period the matter was not circulated.

5.

After hearing both the sides and for the reasons mentioned in paragraph Nos. 2 and 3 of the Application, the Application is allowed in terms of prayer clause '

B'. The Applicants shall not be entitled to the interest and the statutory benefits for the aforesaid delayed period. The contention of the learned Advocate for the Acquiring Body that the Applicants shall not be paid interest for circulation period, is kept open and will be considered at the time of the final hearing of the Appeal. Copy of this Order be kept in the order sheet of the Appeal memo. Application stands disposed off accordingly.

( NEERAJ P. DHOTE, J. ) GGP Signed by: Gajanan G. Punde Designation: PA To Honourable Judge Date: 28/04/2025 17:53:42