Urmila Pradipkumar Daga And ORS v. The State Of Maharashtra And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 927 CIVIL APPLICATION NO.12331 OF 2019 IN FAST/24116/2019 URMILA PRADIPKUMAR DAGA AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Applicants : Mr. Jogdand Patil Vijay B. AGP for Respondents - State : Mr. A. A. Jagatkar Advocate for Respondent No. 3 : Mr. Ruturaj Patil ...

CORAM : SANDIPKUMAR C. MORE, J.

DATE : 04.08.2022 PER COURT :

.

The applicants are seeking condonation of delay of 1522 days in fling frst appeal against impugned award dtd. 04.03.2015 passed by the learned Civil Judge Senior Division, Parbhani in L.A.R. No. 37/2012 on the ground that they were in fnancial crisis.

2.

The learned counsel for respondent No. 3 acquiring body strongly opposed the application mentioning that the acquiring body had also fled an appeal against the impugned award but it was withdrawn by placing before the Lok Adalat in view of the Government Resolution wherein it is stated that

if the amount of compensation is within the four times limit, there is no need to fle any appeal.

3.

Be that as it may, the applicants have the statutory right challenging award, therefore the Honourable Supreme Court have also observed in many cases that the delay in land acquisition matter is to be dealt liberally.

4.

In view of the same and for the reasons stated in the application, the delay of 1522 days stands condoned subject to condition that the applicants shall not claim any interest for such delay period.

5.

The application stands allowed accordingly.

6.

The appeal be placed for admission after removal of ofce objections.

(SANDIPKUMAR C. MORE, J) JUDGE .....

shp/-