Waman Digambar (Died) Thr Lrs Balaji Waman Wattamwar v. The State Of Maharashtra Through The District Collector Nanded And ORS.
2025:BHC-AUG:10209
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 911 CIVIL APPLICATION NO. 11285 OF 2024 IN FAST/22265/2024 Datta S/o Abhaji Hokarne
VERSUS
The State Of Maharashtra Through District Collector Nanded And Ors and 913 CIVIL APPLICATION NO. 11621 OF 2024 IN FAST/22269/2024 Datta Abaji Hokarne
VERSUS
The State Of Maharashtra Through The Collector Nanded And Ors. and 914 CIVIL APPLICATION NO. 11623 OF 2024 IN FAST/22414/2024 Digambar Govindrao Kondamangle Died Thr Lrs Sopan Digambar Kondamangale And Anr
VERSUS
The State Of Maharashtra Through The Collector Nanded And Ors. and 916 CIVIL APPLICATION NO. 13237 OF 2024 IN FAST/19658/2024 Waman Digambar (died) Thr Lrs Balaji Waman Wattamwar
VERSUS
The State Of Maharashtra Through The District Collector Nanded And Ors.
and 918 CIVIL APPLICATION NO. 13275 OF 2024 IN FAST/22251/2024 Jaiwanta Bhagwanta Agadhe
VERSUS
The State Of Maharashtra Through The Collector Nanded And Ors. and 67 CIVIL APPLICATION NO. 11573 OF 2024 IN FAST/22416/2024
Subhash Venkatrao Ingole
VERSUS
The State Of Maharashtra Through The Collector Nanded And Ors. and 68 CIVIL APPLICATION NO. 11684 OF 2024 IN FAST/22390/2024 Namdeo Manika Bhatapure Died Thr Lrs Tukaram Namdeo Bhatapure And Ors
VERSUS
The State Of Maharashtra Through The Collector Nanded And Ors Advocate for Applicant : Mr. S. M. Kakde And D. M. Kakade AGP for Respondents: Mr. D B Bhange/ V S Badakh (in all applications) ...
CORAM : S. G. CHAPALGAONKAR, J.
Dated : April 04, 2025 PER COURT :- 1.
Heard learned counsel appearing for the applicant and learned AGP. Respondent/acquiring body though served, none appears.
2.
The applicant/s seeks to condone the delay caused in filing the appeal/s against the award passed by the Reference Court.
3.
Perused reasons as stated in the application, particularly in paragraph nos.3 to 9. Apparently, applicant could not file appeal within time due to financial duress and further in the appeal which are filed by other land owners from the same acquisition, this Court enhanced the compensation.
4.
In that view of the matter, so as to maintain parity, it would be appropriate to condone the delay subject to certain conditions. Hence, following order is passed.
O R D E R
i.
Civil Applications are allowed.
ii.
Delay caused in filing the appeal/s is condoned. iii.
Appeal/s be registered subject to condition that the applicant/s files an undertaking to the satisfaction of the Registrar (Judicial) of this Court that he shall not claim interest and statutory benefit for the delay period, in case, his appeal is favorably considered and allowed.
iv.
Civil Applications are disposed of.
( S. G. CHAPALGAONKAR, J. ) aaa-