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Bombay High CourtCA/13228/2024admittedallowedgrantedrule absolute

Tarak Sayaji Bombale v. The State Of Maharashtra Through The Collector Jalna And ORS.

2025-10-07Hon'Ble Shri Justice Kishore C. Sant2 pages

( 1 ) 904-CA-13228-2024

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 904 CIVIL APPLICATION NO. 13228 OF 2024 IN FAST/24220/2024 Tarak Sayaji Bombale

VERSUS

The State Of Maharashtra Through The Collector Jalna And Ors. ...

Mr. Durgesh M. Pingale, Advocate for Applicant. Mr. R. B. Dhaware, AGP for Respondent-State.

CORAM : KISHORE C. SANT, J.

DATE : 7th OCTOBER 2025.

PC :- 1.

Heard the parties.

2.

Learned AGP appears even for Respondent No.3. 3.

This application is filed for condonation of delay caused in filing the first appeal by the original claimant seeking enhancement in the amount of compensation under Land Acquisition Act. At the fact that the applicant is the person who lost his land in acquisition. This Court is inclined to allow the application and to meet the equity. Hence, the following order:

Ethape

( 2 ) 904-CA-13228-2024

ORDER

(i) Application is allowed, subject to condition that the applicant files an undertaking stating that he shall not be entitled to receive any statutory benefits for the period of delay. The said undertaking shall be kept in the appeal.

(ii) The applicant shall pay the costs of Rs.3,500/- to be paid to the Government Pleaders Office, Bombay High Court Bench at Aurangabad for the purpose of library.

(iii) Application stands disposed off.

FIRST APPEAL 4.

Heard.

5.

Issue notice to the Respondents, returnable on 16th December 2025.

6.

Learned AGP waives service of notice for Respondents. 7.

Call for record and proceedings.

[KISHORE C. SANT, J.] Ethape