Sarojni Maroti Kaletwad (Died) Thr Lrs Marotirao And ORS v. The State Of Maharashtra Thr The Collector, Nanded And ORS
CA 12353/22 & Anr.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 913 CIVIL APPLICATION NO. 12353 OF 2022 IN FAST/20892/2022 Sarojni Maroti Kaletwad (died) Thr Lrs Marotirao And Ors ....Applicant
VERSUS
The State Of Maharashtra Thr The Collector, Nanded And Ors .....Respondent .....
Advocate for Applicant : Mr. K.D. Kohode h/f. Mr. G.L. Deshpande AGP for Respondents 1 & 2 : Mr. N.S. Tekale Advocate for Respondent 3 : Mr. A.P. Ranka h/f. Mr. S.W. Munde .....
914 CIVIL APPLICATION NO. 12355 OF 2022 IN FAST/20934/2022 Sarojni Maroti Kaletwad (died) Thr Lrs Marotirao Lachanna Kaletwad @ Degloorkar And Ors ....Applicant
VERSUS
The State Of Maharashtra Thr The Collector, Nanded And Ors .....Respondent .....
Advocate for Applicant : Mr. K.D. Kohode h/f. Mr. G.L. Deshpande AGP for Respondents 1 & 2 : Mr. N.S. Tekale Advocate for Respondent 3 : Mr. A.P. Ranka h/f. Mr. S.W. Munde .....
CORAM : ARUN R. PEDNEKER, J.
Dated : December 22, 2023 PER COURT :- 1.
Heard the learned counsel for the applicants. The present appeals are filed by the appellants/claimants along with the application for condonation of delay of 4012 days caused in filing the appeal. 2.
The learned counsel for the appellants/claimants submits that the claimants are poor agriculturists, their lands are compulsorily acquired, they have lost their livelihood and meager amount of compensation is
CA 12353/22 & Anr.
granted to them. Due to financial difficulty, they could not file appeal in time. The learned counsel for the claimants further submits that the claimants will not claim the interest and statutory benefits for the delay period caused in filing the appeals.
3.
The learned counsel appearing for respondent No. 3 has strongly opposed the delay condonation application on the ground that huge delay is caused in filing the appeals.
4.
For the reasons stated in the applications and in view of the statement made by the learned counsel for the appellants/claimants, the delay of 4012 days caused in filing the appeals is condoned. The delay condonation applications are allowed, subject to condition that the appellants shall not be entitled for the interest and statutory benefits for the delayed period.
5.
Appeals are admitted.
6.
On admission, respective counsel appearing for the respondents waive service of notice for respective respondents. 7.
Call R. & P.
[ARUN R. PEDNEKER J.] ssc/