Abhiman S/O Keshav Lingaskar And ANR v. Union Of India Thr General Manager, C.R., C.S.T., Mumbai And ORS
{1}
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 960 CIVIL APPLICATION NO.10211 OF 2023 IN FAST/7617/2022 WITH CA/5727/2022 IN FAST/7617/2022 WITH CA/5729/2022 IN FAST/7617/2022 MADHUKAR S/O AMBADAS JADHAV 961 CIVIL APPLICATION NO.10225 OF 2023 IN FAST/7602/2022 WITH CA/5924/2022 IN FAST/7602/2022 WITH CA/5925/2022 IN FAST/7602/2022 MANOHAR LAXMIMAN PATANGE (DIED) THR LRS DIGAMBAR AND ANR 962 CIVIL APPLICATION NO.10226 OF 2023 IN FA/795/2022 WITH CA/5893/2022 IN FA/795/2022 BANSHI S/O SAHEBRAO MASKE 963 CIVIL APPLICATION NO.10227 OF 2023 IN FA/800/2022 WITH CA/5910/2022 IN FA/800/2022 KALYAN S/O NARAYAN JADHAV 964 CIVIL APPLICATION NO.10228 OF 2023 IN FAST/7608/2022 WITH CA/5976/2022 IN FAST/7608/2022 WITH
{2} CA/5977/2022 IN FAST/7608/2022 ABHIMAN S/O KESHAV LINGASKAR AND ANR 965 CIVIL APPLICATION NO.10229 OF 2023 IN FAST/7552/2022 WITH CA/5717/2022 IN FAST/7552/2022 WITH CA/5718/2022 IN FAST/7552/2022 SACHIN SHRIKRISHNA MASKE AND ANR 966 CIVIL APPLICATION NO.10230 OF 2023 IN FAST/7652/2022 WITH CA/5695/2022 IN FAST/7652/2022 WITH CA/5696/2022 IN FAST/7652/2022 BABASAHEB S/O DINANATH SHERKAR 967 CIVIL APPLICATION NO.10232 OF 2023 IN FAST/7614/2022 WITH CA/5719/2022 IN FAST/7561/2022 WITH CA/5720/2022 IN FAST/7561/2022 RAMESH S/O VITTHAL UJAGARE 968 CIVIL APPLICATION NO.10233 OF 2023 IN FAST/7587/2022 WITH CA/5723/2022 IN FAST/7587/2022 WITH CA/5724/2022 IN FAST/7587/2022 PRAKASH S/O BHAGWAN DAMBE
{3} Advocate for Applicant : Shirsat Suhas R 969 CIVIL APPLICATION NO.10238 OF 2023 IN FAST/7596/2022 WITH CA/5973/2022 IN FAST/7596/2022 WITH CA/5975/2022 IN FAST/7596/2022 SHIVAJI NARAYAN JADHAV 970 CIVIL APPLICATION NO.10240 OF 2023 IN FAST/7565/2022 WITH CA/5968/2022 IN FAST/7565/2022 WITH CA/5970/2022 IN FAST/7565/2022 DATTATRAY S/O PURUSHOTTAM PATANGE AND ANR 971 CIVIL APPLICATION NO.10243 OF 2023 IN FAST/7611/2022 WITH CA/5971/2022 IN FAST/7611/2022 WITH CA/5972/2022 IN FAST/7611/2022 SAU. RUKMINBAI W/O VITTHAL MASKE Advocate for Applicant : Mr. Suhas R Shirsat AGP for Respondents: Mr. S.S. Dande.
CORAM : S.G. CHAPALGAONKAR, J.
DATE : 18TH AUGUST, 2023
{4} ORDER :- IN APPLICATIONS FOR CONDONATION OF DELAY.
By these applications, the applicants are praying to condone the delay caused in filing the first appeals against the judgment and award passed by the Reference Court.
Mr. Shirsath, learned advocate for the applicants invites attention of this court to para No. 3 of this application to contend that delay has occasioned on account of administrative reasons and situation of COVID pandemic.
Considering the submissions advanced and the fact that the applicants are litigating for getting just compensation towards their acquired land and the reasons stated in para.2 to 4 of the applications, case is made out to condone the delay. Hence the following order :-
O R D E R
[I] Civil applications are allowed.
[ii] Delay caused in filing the appeal is condoned subject to remval of office objections within a period of two weeks. [iii] Appeal be registered.
[iv] On registration of appeal, "ADMIT".
[vi] Print and paper book dispensed with.
IN STAY APPLICATIONS : - Mr. Deshpande, learned advocate for the appellant submits that the entire amount as per the award passed by the Tribunal has been deposited with the Registry of this Court. In that view of the matter, civil applications are allowed in terms of prayer clause (B) and stand disposed of.
{5} IN CIVIL APPLICATIONS FOR WITHDRAWAL :- 1.
By this application, the applicants are seeking permission to withdraw the amount deposited by the respondents in pursuance of the Award passed by the Reference Court.
2.
Learned advocate appearing for the applicants submits that small pieces of land of the applicants were acquired and meager compensation has been awarded. He would submit that in the connected matters from same acquisition, this Court has permitted to withdraw the entire amount deposited by the appellant.
3.
Considering the submissions advanced, civil application is allowed. The applicants are permitted to withdraw the amount deposited subject to furnishing usual undertaking to the Registrar (Judicial) of this court. Civil application disposed off.
[S.G. CHAPALGAONKAR] JUDGE grt/-