Mahadeo Aba Doke And ORS v. The State Of Maharashtra And ANR

C.A. No.3133/2018 :: 1 ::

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.3133 OF 2018 IN FIRST APPEAL ST. NO.27668 OF 2017 Mahadeo s/o Aba Doke & ors.

... APPLICANTS

VERSUS

The State of Maharashtra & anr.

... RESPONDENTS .......

Mr. D.R. Jaybhar, Advocate for applicants Mr. P.N. Kulkarni, A.G.P. for respondent No.1. .......

CORAM :

R. G. AVACHAT, J.

DATE :

20th DECEMBER, 2021 PER COURT :

In spite of service of notice, none appears on behalf of respondent acquiring body. Learned A.G.P. objects to condone the delay.

2.

The delay is not more than 27 days in preferring the appeal for enhancement of compensation on account of land acquired for public purpose. For the reasons given in the applications, the delay is condoned. It, however, appears that, the application for condonation of delay was filed way back in August 2017, but circulated for the first time in September 2021. The applicants, therefore, shall not be entitled for the component of interest for the delayed period

C.A. No.3133/2018 :: 2 ::

of 105 days, plus the delay in circulating the application i.e. from 22/8/2017 till 3/9/2021. Appeal be registered. 2.

After registration of appeal, issue notice to respondents returnable on 7th March 2022.

3.

Learned A.G.P. waives service for respondent No.1 - State.

( R. G. AVACHAT ) JUDGE fmp/-