Sitaram Dagadu Pawar (Died) Thr Lrs Devkabai And ORS v. The Ex. Engineer, Minor Irrigation Div. No. 1 Thr The Gmidc, Aurangabad And ANR

2024:BHC-AUG:21877 {1} ca7275-22.doc drp

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 7275 OF 2022 IN FIRST APPEAL STAMP NO.27642 OF 2021 Sitaram Dagadu Pawar (Died) Through LRS & Ors APPLICANTS

VERSUS

The Executive Engineer, Minor Irrigation Division No.1 hrough GMIDC Aurangabad & Another RESPONDENTS .......

Mr. D. A. Bide, Advocate for the applicants Mr. D. J. Patil, AGP for respondent - State Ms. Priyanka Dube h/f Mr. S. W. Munde, for acquiring body .......

[CORAM : NITIN B. SURYAWANSHI, J.] DATE : 19 th SEPTEMBER, 2024 ORDER :

1.

Heard learned advocates for the parties.

2.

The applicants have filed on record an undertaking that they will not claim interest for the delayed period. 3.

Learned Advocate for the acquiring body vehemently opposed the application for condonation of delay stating that the delay is not properly explained.

4.

For the reasons stated in the application and in view of the undertaking filed by the applicants, application is allowed and

{2} ca7275-22.doc delay is condoned, on the condition that the applicants shall not be entitled to claim interest for the period of delay and till today i.e. till passing of this order, if compensation is enhanced by this Court.

[NITIN B. SURYAWANSHI] JUDGE drp/ca7275-22.doc