Kamladevi Gopikishan Agrawal And ORS v. The State Of Maharashtra And ANR

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 9507 OF 2018 IN FIRST APPEAL NO. 1731 OF 2014 Kamladevi w/o Gopikishan Agrawal, Age: 81 years, Occ: Business, R/o. Latur, Tq. & Dist. Latur & ors ..APPLICANTS

VERSUS

The State of Maharashtra Through Collector, Latur, Dist. Latur & anr ..RESPONDENTS Mr Akshay Kulkarni, Advocate h/f Mrs. Anjali Dube (Bajpai), Advocate for applicants;

Mr R.B. Bagul, A.G.P. for respondent No.1;

Mr S.S. Dande, Advocate for respondent No.2 CORAM : PRASANNA B. VARALE & MANISH PITALE,JJ.

DATE : 24th AUGUST, 2018 ORAL ORDER :

Heard Mr Akshay Kulkarni, learned Counsel holding for Mrs. Anjali Dube (Bajpai), learned Counsel appearing for the applicants/appellants. He submits that by order dated 9th December, 2014 learned Registrar (Judicial) was pleased to dismiss the appeal for non compliance of office objection.

(2) 2.

Learned Counsel appearing for the applicants/appellants submits that the applicants/appellants are before this Court seeking fair and adequate compensation of the lands acquired by the respondents. He submits that as the substantial grounds are raised in the appeal, the dismissal of the appeal on technical ground may cause prejudice to the applicants/appellants. He then submitted that due to some communication gap, printing charges could not be deposited within stipulated period. He invited our attention to the paragraphs-6 and 7 of the application.

3.

Learned Counsel appearing for the applicants/appellants submits that the appellants are ready to deposit printing charges, if time is granted by this Court.

4.

Learned A.G.P. appears for respondent No.1 and Mr. Dande, learned Counsel appears for respondent No.2 i.e. acquiring body MIDC.

(3) 5.

In view of submissions of learned Counsel appearing for the applicants/appellants and for the reasons stated in the application, the application is allowed, subject to applicants' depositing printing charges within four weeks from today. 6.

The application is accordingly disposed of.

(MANISH PITALE) (PRASANNA B. VARALE) JUDGE JUDGE Tupe