Bansi Nadya Thakare And ORS v. The S.L.A.O. Minor Irrigation Project Dhule And ORS

1 946

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 946 CIVIL APPLICATION NO.5320 OF 2022 IN FAST/22571/2021 BANSI NADYA THAKARE AND ORS

VERSUS

THE S.L.A.O. MINOR IRRIGATION PROJECT DHULE AND ORS ...

Advocate for Applicants:

Mr. Pingale Durgesh Madhukar AGP for Respondent/State: Ms. R. P. Gour Advocate for Respondent No.2: Mr. S. B. Kadu ...

CORAM :ARUN R. PEDNEKER, J.

DATE :25th OCTOBER, 2023 PER COURT:

1.

Mr. S. B. Kadu, learned counsel appears for the acquiring body. Ms. R. P. Gour, learned AGP appears for the State and it's authorities. 2.

The appearance of Mr. Sudhir Govind Bhalerao, learned counsel for respondent no.3 is wrongly shown and the same be deleted.

3.

In view of the submissions made by the learned counsel for the applicants that the applicants would not claim interest and the statutory benefit for the delayed period and also for the reasons that the applicants are poor agriculturists, whose lands are compulsorily

2 946 acquired and their financial conditions are not such that the appeal would be filed in time, the delay is condoned, subject to the condition that interest and statutory benefit for the delayed period would not be granted. The civil application for condonation of delay stands disposed of.

4.

The learned counsel for the applicants submits that the applicants are already covered by the judgment of this court in the First Appeal No.670 of 2011. The learned counsel for the acquiring body seeks time.

5.

The first appeal is admitted. On admission, the learned counsel / AGP waive notice for the respective respondents. Office objections, if any, to be removed before the next date.

6.

List this matter for disposal on 10.11.2023.

[ARUN R. PEDNEKER, J.] marathe