Narayan Ambadas Nirwal v. The State Of Maharashtra And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

40 CIVIL APPLICATION NO.10625 OF 2021 IN FAST/24083/2021 NARAYAN AMBADAS NIRWAL

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Applicant : Mr. A. H. Koralkar.

AGP for Respondent/State: Mrs. D. S. Jape.

...

AND 41 CIVIL APPLICATION NO.10626 OF 2021 IN FAST/24081/2021 APPASAHEB DYNOBA NIRWAL

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Applicant : Mr. A. H. Koralkar.

AGP for Respondent/State: Mrs. D. S. Jape.

...

CORAM :

SHRIKANT D. KULKARNI, J.

DATE :

03rd January, 2022.

P.C.:

.

These are the applications for condonation of delay moved by the applicants.

Heard Mr. A. H. Koralkar, learned counsel for applicants and Mrs. Jape, learned AGP for respondent Nos.1 and 2. Respondent No.3/acquiring body though duly served, remained absent.

Mr. Koralkar, learned counsel seeks leave to place on record copy of order passed by this Court in Civil Application No.4279 of 2021 in First Appeal (Stamp) No.24229 of 2020.

Leave granted.

Mr. Koralkar, learned counsel submits that this Court was pleased to condone the delay on furnishing undertaking regarding waiving of statutory benefits in respect of the delayed period. Mrs. Jape, learned AGP for the State strongly opposed to condone the delay.

By taking the same view and for the reasons stated in the application for condonation of delay, more particularly paragraphs 3 to 5, it is necessary to allow both these applications. Hence, the following order is passed:

O R D E R

I.

The applications for condonation of delay are hereby allowed in terms of prayer clause (A) on the following condition:

"The applicants / original claimants shall furnish undertakings with the Registrar (Judicial) of this Court stating

that they will not claim statutory benefits as well as the amount of interest as provided under the Land Acquisition Act, 1894 for the delayed period condoned today by this Court."

II.

The Registry is directed to register the appeals after due scrutiny as per procedure, and thereafter, they be placed before the concerned Court for admission.

III.

Both the civil applications are accordingly disposed of.

[ SHRIKANT D. KULKARNI, J. ] nga