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Bombay High CourtCA/10419/2023admittedallowedgrantedrule absolute

Someshwar Kachru Divate v. The State Of Maharashtra Through Collector, Jalna And ORS

2025-04-04Hon'Ble Shri Justice Rohit W. Joshi1 pages

2025:BHC-AUG:10371 933 ca 10419 2023

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 933 CIVIL APPLICATION NO. 10419 OF 2023 IN FAST/19995/2023 Someshwar Kachru Divate

Versus

The State Of Maharashtra Through Collector, Jalna And Ors.

...

Mr. S. M. Kakde,Advocate And Mr. D. M. Kakade, Advocate For Applicant Mr. S. P. Joshi, AGP For Respondent/s - State ...

CORUM :

ROHIT W. JOSHI, J.

DATE :

4th APRIL, 2025 ORDER :

1.

There is a delay of 1222 days in filing the first appeal under Section 54 of the Land Acquisition Act, 1894. The applicant/appellant is the land owner.

2.

Having regard to the reasons mentioned in the application, I am inclined to condone the delay, subject to cost of Rs. 5000/- to be paid to the Chairman, Library Committee, Advocates Association of Bombay High Court at Aurangabad Bench, subject to condition that in that event of enhancement of amount of compensation the appellant/applicant will not be entitled for interest on the enhanced amount of compensation for the period of delay (market value + statutory benefits). 3.

Civil application is disposed of.

[ROHIT W. JOSHI, J.] ks_kamble/ 1/1