Devidas Hariba Balde v. The State Of Maharashtra Thr The Collector, Latur And ORS

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 8 CIVIL APPLICATION NO. 13429 OF 2021 IN FAST/25935/2021 Madhav Dnyanoba Suryawanshi And Ors

VERSUS

The State of Maharashtra Thr The Collector, Latur And Ors ...

AND CIVIL APPLICATION NO. 13431 OF 2021 IN FAST/26075/2021 Giridhar Hariba Balde

VERSUS

The State of Maharashtra Thr The Collector, Latur And Ors ...

AND CIVIL APPLICATION NO. 13430 OF 2021 IN FAST/26077/2021 Ashok Tulshiram Suryawanshi

VERSUS

The State of Maharashtra and others ...

AND CIVIL APPLICATION NO. 13432 OF 2021 IN FAST/26081/2021 Devidas Hariba Balde

VERSUS

The State of Maharashtra Through The Collector, Latur and others ...

Advocate for Applicant : Mr. H.B. Nandagavale AGP for Respondent Nos. 1 and 2: Mr. Rajdeep D. Raut Advocate for Respondent No.3 : Ms. M.A. Bhosale h/f Ms. V.P. Narwade .....

CORAM : SANJAY A. DESHMUKH, J.

DATED : 13th JANUARY 2025 PER COURT :- 1.

These applications are filed for condonation of delay of

-23145 days caused in filing the first appeals. 2.

Learned advocate for the applicants pointed out that the claimants have received the amount of compensation in the month of June, 2021. He further pointed out that some of the claimants got more amount from one and the same reference court. The delay caused is not deliberate or intentional and prays to condone the delay.

3.

Learned advocate for respondent No.3 and learned A.G.P. submit that there is no sufficient cause shown to condone the delay. They therefore, submit that the applications be rejected. 4.

On perusal of the applications, it appears that the delay is not deliberate. On the contrary, the applicants are agriculturists and they have made out a case for condonation of delay in view of the law laid down by the Hon'ble Supreme court in the case of Imrat Lal and others vs. Land Acquisition Collector and others; (2014) 14 SCC 133. Thus, considering the reasons stated in the application and the precedential law laid down in the aforesaid case, the applications deserve to be allowed subject to the condition that the applicants are not entitled for interest on the enhanced amount of compensation, if any, for the delayed period. The civil applications

-3are accordingly allowed subject to the condition that the applicants are not entitled for interest on the enhanced amount of compensation, if any, for the delayed period. The applications are disposed of.

5.

In first appeals, issue notice to the respondents, returnable on 24.2.2025. Learned A.G.P. waives notice for respondent Nos. 1 and 2 and Ms. Bhosale, learned advocate waives service for respondent No.3.

(SANJAY A. DESHMUKH, J.) rlj/