Babu Mubarak Bhande And ANR v. The State Of Maharashtra Through The Collector Latur And ORS

2024:BHC-AUG:15002 ( 1 ) ca14045.23

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 36 CIVIL APPLICATION NO. 14045 OF 2023 IN FAST/25044/2023 BABU MUBARAK BHANDE AND ANR

VERSUS

THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR LATUR AND ORS WITH CIVIL APPLICATION NO. 14043 OF 2023 IN FAST/25002/2023 BABU MUBARAK BHANDE AND ANR

VERSUS

THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR LATUR AND ORS WITH CIVIL APPLICATION NO. 14044 OF 2023 IN FAST/25050/2023 TAMIJABEE DASTGIR BHANDE

VERSUS

THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR LATUR AND ORS Mr.H.B. Nandagavale h/f. Mr. V.G.Sakolkar, Advocate for the applicants. Mr.V.M. Chate, AGP for the respondent/State.

CORAM

: KISHORE C. SANT, J.

DATED : 18.07.2024 PC :- 01.

These applications are filed for condonation of delay of 3669 days caused in filing the appeals. The reasons for delay stated in the applications are that financial condition of the applicant was not well. Because of poor condition, they could not make arrangement to pay the Court fees. It is further stated that the amount of compensation is received in April, 2019. Therefore, they could not approach this Court.

( 2 ) ca14045.23 02.

The applications are opposed by the learned APP stating that even after receipt of amount of compensation, the appeals are filed after four years and he prays for rejection of the applications. 03.

Though this Court is not much impressed by the reasons stated in the applications, this Court is inclined to allow the applications, since the appeals are filed by the claimants, whose lands came to be acquired by the Acquiring Body. Hence, following order :-

ORDER

(i) The applications are allowed and delay is condoned subject to costs of Rs.2500/- (Rupees Two Thousand Five Hundred) to be deposited in the office of High Court Legal Services SubCommittee, Aurangabad, within eight weeks from today. (ii) It is made clear that the applicants will not be entitled to receive interest on the enhanced amount of compensation for the delayed period in case the appeals are allowed. [KISHORE C. SANT, J.] snk/2024/JUL24/ca14045.23