The Executive Engineer Minor Irrigation Division Osmanabad v. Jeevan Mohanrao Suryawanshi And ORS

2025:BHC-AUG:10620 929 ca 3846 2025

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 929 CIVIL APPLICATION NO. 3846 OF 2025 IN FAST/18025/2023 Jeevan Mohanrao Suryawanshi

Versus

The State Of Maharashtra Through Collector Osmanabad And Ors. ...

Mr. Praveen Baliram Rakhunde, Advocate For Applicant Mr. S. P. Joshi, AGP For Respondent Nos. 1 and 2 Mr. S. S. Dande, Advocate for Respondent No. 3 ...

WITH CIVIL APPLICATION NO. 7614 OF 2023 IN FAST/18025/2023 WITH CIVIL APPLICATION NO. 7615 OF 2023 IN FAST/18025/2023 ...

CORUM :

ROHIT W. JOSHI, J.

DATE :

4th APRIL, 2025 ORDER :

CIVIL APPLICATION NO. 7614 OF 2023:

1.

This is an application for condonation of delay of 1405 days in filing First Appeal under Section 54 of the Land Acquisition Act. The appeal is preferred by the acquiring body.

2.

Having regard to the reasons mentioned in the application explaining the delay on account of procedural formalities and difficulty in obtaining court fees, coupled with the fact that public money is at stake, I am inclined to condone the delay. The fact that the appellant has deposited the entire amount as awarded by the learned reference Court is also an equitable consideration for condoning the delay. 1/2

929 ca 3846 2025 3.

In that view of the matter, civil application is allowed by condoning the delay caused in filing first appeal. FIRST APPEAL STAMP NO. 18025 OF 2023:

1.

Admit.

2.

Call R & P.

3.

Learned APP waives service for State and Land Acquisition Officer. 4.

Learned advocate Mr. Rakhonde, waives service for respondents / land owners.

[ROHIT W. JOSHI, J.] ks_kamble/ 2/2