Vitthal Yadavrao Patil And Others v. The State Of Maharashtra Through District Collector, Nanded And Others

1 968 to 981 ca 13329-22+

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 968 CIVIL APPLICATION NO.13329 OF 2022 IN FAST/18912/2022 NAGNATH RAMA SHEKAPURE (DIED) THR LRS. VISHWANATH NAGNATH SHEKEPURE AND OTHERS 969 CIVIL APPLICATION NO.13330 OF 2022 IN FAST/18917/2022 SK. BASHIR ISMAIL SAB 970 CIVIL APPLICATION NO.13331 OF 2022 IN FAST/19077/2022 RAFIYODDIN S/O SK. MAHEBOOB 971 CIVIL APPLICATION NO.13332 OF 2022 IN FAST/19062/2022 TAJODDIN S/O MAHMOOD AND ORS 972 CIVIL APPLICATION NO.13333 OF 2022 IN FAST/19071/2022 KHAYAMODDIN S/O DADU PATEL

2 968 to 981 ca 13329-22+ 973 CIVIL APPLICATION NO.13334 OF 2022 IN FAST/18905/2022 RAJLLING DHONDIBA HASNALE AND ANR 974 CIVIL APPLICATION NO.13335 OF 2022 IN FAST/18909/2022 MAHALING DHONDIBA HASNALE 975 CIVIL APPLICATION NO.13336 OF 2022 IN FAST/18901/2022 SHIVRAM BALIRAM HASNALE 976 CIVIL APPLICATION NO.13337 OF 2022 IN FAST/19041/2022 BHAGWANLAL S/O GULABRAI SHRIVASTAV (DIED) THR LRS BHARATLAL B. SHRIVASTAV 977 CIVIL APPLICATION NO.13339 OF 2022 IN FAST/18920/2022

3 968 to 981 ca 13329-22+ MADHAVRAO RAMA SHEKAPURE 978 CIVIL APPLICATION NO.13353 OF 2022 IN FAST/19029/2022 BABU SHANKAR SURYAWANSHI 979 CIVIL APPLICATION NO.13354 OF 2022 IN FAST/18925/2022 VITTHAL YADAVRAO PATIL AND OTHERS 980 CIVIL APPLICATION NO.13355 OF 2022 IN FAST/19049/2022 PUNDLIK S/O GOVINDRAO KHANDAGALE 981 CIVIL APPLICATION NO.13356 OF 2022 IN FAST/18927/2022 MOTIRAM GANPATRAO JADHAV (DIED) THR LRS. TRIVENIBAI MOTIRAM JADHAV AND ORS

4 968 to 981 ca 13329-22+ Mr. S. M. Kakade, Advocate for the applicants. Mr. P. M. Kulkarni, Mr. B. V. Virdhe, Mr. S. R. Yadav and Mr. S. N. Kendre, AGPs for respondent-State in respective applications. Mr. S. C. Arora, Advocate for Acquiring body. ....

CORAM :

SANDIPKUMAR C. MORE, J.

DATED : 13/12/2022.

P. C. :

1.

Heard rival submissions.

2.

The respective applicants are seeking condonation of delay period as mentioned in these applications, which appears to be caused due to their poor fnancial condition. The learned AGP and learned counsel for the acquiring body strongly opposed the application on the ground that no reasonable cause is mentioned for condoning the delay.

3.

However, the Hon'ble Apex Court has recently observed that the delay applications are to be dealt liberally specially in land acquisition matters. In view of the same and considering the statutory right of the applicants and for the reasons stated in the applications, the applications are allowed and the delay periods in all these application stand condoned subject to condition that the applicants shall not claim any interest for the aforesaid delay periods.

4.

The appeals be placed for admission after removal of offce objections, if any.

5.

The applications are accordingly disposed of. ( SANDIPKUMAR C. MORE, J. ) VS Maind/-