Asaram Dagdu Jadhav (Died) Thr Lrs. Gopabai Asaram Jadhav And ORS v. The State Of Maharashtra Through Collector, Jalna And Others

2024:BHC-AUG:18324

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 1052 CIVIL APPLICATION NO. 14028 OF 2022 IN FAST/21331/2022 Ankush Baburao Bhalekar 1053 CIVIL APPLICATION NO. 14031 OF 2022 IN FAST/21347/2022 Shahnajbi D/o Sk. Ahmed 1054 CIVIL APPLICATION NO. 14033 OF 2022 IN FAST/21318/2022 Prabhakar Godhaji Nichal 1055 CIVIL APPLICATION NO. 14057 OF 2022 IN FAST/21343/2022 Sk. Shakil S/o Sk. Ahmed 1056 CIVIL APPLICATION NO. 14118 OF 2022 IN FAST/21328/2022 Janabai W/o Prabhakar Nichal

1057 CIVIL APPLICATION NO. 14119 OF 2022 IN FAST/21364/2022 Taherabi W/o Sk. Ahamad (died) Thr Lrs Sk. Ahamad Sk. Sardar And Ors 1058 CIVIL APPLICATION NO. 14603 OF 2022 IN FAST/21401/2022 Dashrath Parasram Sonsale (died) Thr Lrs Gangadhar Dashrath Sonsale AGP for Respondents: Mr. K S Patil / K B Jadhavar / R R Tandale (in all applications) 1060 CIVIL APPLICATION NO. 15202 OF 2022 IN FAST/26747/2022 Sanjay Mohan Jadhav And Another Mr. S B Jadhav AGP for respondent State.

1061 CIVIL APPLICATION NO. 15204 OF 2022 IN FAST/26751/2022 Ganesh Tukaram Jadhav AGP for Respondents: R R Tandale 1062 CIVIL APPLICATION NO. 15206 OF 2022 IN FAST/26755/2022 Ramdhan Sukhlal Jadhav AGP for Respondents: Mr. A V Lavte 1063 CIVIL APPLICATION NO. 15208 OF 2022 IN FAST/26743/2022 Dinesh Tukaram Jadhav AGP for Respondents: Mr. K S Patil 1064 CIVIL APPLICATION NO. 16457 OF 2022 IN FAST/26456/2022 Vitthal Asaram Jadhav

AGP for Respondents: Mr. K B Jadhavar 1065 CIVIL APPLICATION NO. 16459 OF 2022 IN FAST/26469/2022 Vishnu S/o Trimbak Jadhav AGP for Respondents: Mr. S B Jadhav 1066 CIVIL APPLICATION NO. 16464 OF 2022 IN FAST/26513/2022 Bhaurav Bhujangrao Nanavte AGP for Respondents: R R Tandale 1067 CIVIL APPLICATION NO. 16800 OF 2022 IN FAST/26761/2022 Asaram Dagdu Jadhav (died) Thr Lrs. Gopabai Asaram Jadhav And Ors AGP for Respondents: Mr. A V Lavte

1068 CIVIL APPLICATION NO. 16809 OF 2022 IN FAST/27329/2022 Arjun Pandurang Jadhav AGP for Respondents: Mr. K S Patil CORAM : S. G. CHAPALGAONKAR, J.

Dated : August 16, 2024 PER COURT :- 1.

Heard learned advocates appearing for the applicants and the learned AGP in all civil applications. 2.

The applicants seek to condone the delay caused in filing the appeal/s against the award passed by the Reference Court. The applicants are seeking enhancement of the compensation. 3.

Learned advocate appearing for the applicants invites attention of this Court to the reasons as stated in the application and submits that due to economical barrier coupled with period of Covid-2019, they could not approach this Court within specific time. Delay caused in filing the appeal/s is not intentional. The applicants are litigating for just compensation towards their acquired lands. Consequently, they seek to condone the delay caused in filing the appeal.

4.

Learned AGP appearing for respondents-State authorities vehemently opposed the application.

5.

Considering the submissions advanced, apparently, the applicants have not derived any advantage by making delay. They are litigating for adequate compensation towards the acquired lands. Sufficient reasons are given for delay in approaching this Court. In that view of the matter, the applications can be allowed subject to certain conditions. Hence, order.

O r d e r i.

Civil applications are allowed.

ii.

Delay caused in filing the first appeal/s is condoned subject to condition that applicants should file an undertaking with the Registrar (Judicial) of this Court to the effect that they would not claim interest and other statutory benefits for delayed period, in case, they succeed in appeal/s and enhanced compensation is awarded.

iii Civil Applications stand disposed off in aforesaid terms.

( S. G. CHAPALGAONKAR, J. ) aaa-