Shri. Madhav Baliram Patil v. The Special Land Acquisition Officer-1 Upper Tapi Prakalp Hatnoor, Jalgaon And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.4177 OF 2021 IN FAST/20221/2020 SHRI. DEOCHAND SUPADU KOJAGE

VERSUS

THE SPECIAL LAND ACQUISITION OFFICER, I U.T.P.H AND ANOTHER WITH CA/4178/2021 IN FAST/20250/2020 SHRI. UMAKANT DNYANESHWAR CHARHATE

VERSUS

THE SPECIAL LAND ACQUISITION OFFICER, I U.T.P.H AND ANOTHER WITH CA/4186/2021 IN FAST/20228/2020 SHRI. DIVAKAR CHINTAMAN CHAUDHARI

VERSUS

THE SPECIAL LAND ACQUISITION OFFICER, I U.T.P.H AND ANOTHER WITH CA/4187/2021 IN FAST/20236/2020 SHRI. MADHAV BALIRAM PATIL

VERSUS

THE SPECIAL LAND ACQUISITION OFFICER, I U.T.P.H AND ANOTHER ....

Mr. M.M. Bhokarikar, Advocate for the Applicants in all CAs Mr.A.M. Phule, AGP for Respondent No.1 in all CAs Mr. Subhash Chillarge, Advocate for Respondent No.2 in all CAs ....

CORAM : SHRIKANT D. KULKARNI, J.

DATE : 17th NOVEMBER, 2021 PER COURT:- 1.

These are the applications for condonation of delay moved by the applicants / original claimants. There seems to be delay of 118 days in preferring the first appeals. 2.

Heard Mr. M.M. Bhokarikar, learned counsel for the applicants and Mr. Subhash Chillarge, learned counsel for respondent no.2 and Mr. A.M. Phule, learned AGP for respondent no.1 in all civil applications.

3.

For the reasons stated in the applications for condonation of delay in para 3, and looking to the arguable points involved in the appeals, the delay needs to be condoned. At the same time, the applicants shall not be entitled to get statutory benefits as well as the amount of interest as provided in the Land Acquisition Act, 1894 for the delayed period. Hence, the following order:-

O R D E R

(i) The applications for condonation of delay moved by the applicants / original claimants are hereby allowed.

(ii) The applicants / original claimants shall furnish undertaking that they would not claim the statutory benefits as well as the amount of interest as provided in the Land Acquisition Act, 1894 for the delayed period condoned today by this Court.

(iii) The Registry is directed to register the appeal after due scrutiny as per procedure and thereafter it be placed before the Court for admission.

(iv) The civil applications are disposed of accordingly. [ SHRIKANT D. KULKARNI ] JUDGE S.P. Rane