Reva Kama Avshikar v. The State Of Maharashtra And ORS

2024:BHC-AUG:6846 ( 1 ) 37 ca 6735.23

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 37 CIVIL APPLICATION NO. 6735 OF 2023 IN FAST/26376/2018 REVA KAMA AVSHIKAR

VERSUS

THE STATE OF MAHARASHTRA AND ORS .....

Advocate for Applicant : Mr. I.K. Wagh h/f. More Kumar Gaurav M. AGP for Respondents/State : Mr. S.V. Hange .....

CORAM :

Y.G. KHOBRAGADE, J.

DATE :

26.03.2024 P.C.:- 1.

Heard the learned counsel appearing for the applicant / original claimant as well as Mr. Hange the learned AGP for the non-applicants. 2.

By the present application, the applicant prayed for condonation of delay of 2117 days caused in lodging the appeal challenging the order passed by the Reference Court arising out of land acquisition proceedings. According to the applicant, he is an agriculturist and due to financial crisis he could not file appeal but after he has collected the amount of compensation deposited by the railway department/acquiring body he has filed the present appeal for which the delay of 2117 days (more than 5 years) has occurred. 3.

Needless to say that by the present appeal the appellant/applicant

( 2 ) 37 ca 6735.23 wanted to seek enhancement of compensation for his land which has been acquired by the acquiring body/non-applicant no.3. Therefore, considering the financial problem as well as grounds set out in the application, the same is allowed and the delay of 2117 days caused in lodging the appeal is hereby condoned. However, it is made clear that the present applicant/claimant would not be entitled for any interest or any other benefits for the delayed period. Copy of this order be kept with the First Appeal. Accordingly, the civil application is disposed of.

4.

Office to register the first appeal and place before this Court for further consideration on 30.04.2024.

[Y.G. KHOBRAGADE, J.] mub