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Bombay High CourtCA/10579/2023admittedallowedgrantedrule absolute

Prakash Bhanudas Dhakne v. The State Of Maharashtra Through The Collector Jalna And ORS

2025-03-19Hon'Ble Shri Justice Rohit W. Joshi2 pages

2025:BHC-AUG:8312 921-ca-10579-2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD 921 CIVIL APPLICATION NO. 10579 OF 2023 IN FAST/18983/2023 PRAKASH BHANUDAS DHAKNE

VERSUS

THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR JALNA AND ORS ...

Mr. Bhise Vitthal Dnyanoba, Advocate for Applicant Mr. S. S. Dande, AGP for Respondents ...

CORAM :

ROHIT W. JOSHI, J.

DATE :

19th MARCH, 2025 P.C.:

CIVIL APPLICATION NO. 10579 OF 2023 1.

This is an application seeking condonation of delay in filing an appeal under Section 54 of the Land Acquisition Act, 1894. 2.

Since the matter pertains to compulsory acquisition of land, it will be appropriate in the interest of justice to condone the delay subject to the condition that the appellant will not be entitled for interest on the enhanced amount of compensation i.e. market value + statutory benefits, if any for the period of delay. 3.

Delay caused in filing appeal is condoned subject to above condition and also subject to cost of Rs.5,000/- with the Registry i.e. the Committee consisting of learned Registrar (Administration) of the High Court, Bench at Aurangabad and the Medical Officer of the High Court Medical Dispensary, Aurangabad, within a period of 2 weeks from today.

4.

Civil Application is disposed of.

921-ca-10579-2023.odt FIRST APPEAL (ST) NO.18983 OF 2023 5.

Heard.

6.

Admit.

7.

Call Record and Proceeding.

8.

Issue notice to the respondents. Learned AGP waives service of notice for respondent Nos.1 and 2.

9.

Appellant is permitted to serve respondent No.3 by all permissible modes of service in addition to regular mode of service. [ROHIT W. JOSHI J.] Narwade/