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Bombay High CourtCA/14397/2023delay condonatedrejected

Balaji Vithal Kale v. The Ex. Engineer, Latur Medium Project Division, Latur And ORS

2023-12-06Hon'Ble Shri Justice Kishore C. Sant2 pages

7ca14394.23

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 7 CIVIL APPLICATION NO.14394 OF 2023 IN X-OBJST/29813/2023 WITH CA/14396/2023 IN X-OBJST/29815/2023 WITH CA/14397/2023 IN X-OBJST/29818/2023 WITH CA/14395/2023 IN X-OBJST/29819/2023 VINAYAK NIVRUTI JATAL

VERSUS

THE EXECUTIVE ENGINEER, LATUR MEDIUM PROJECT DIV., LATUR THR EXE ENGINEER, LOWER TERNACANAL AND ORS ...

Advocate for Applicant : Mr.Sachin Subhash Panale Advocate for Respondent No. 1 : Mr.Rutuaj C. Patil AGP for Respondent Nos. 2 & 3/State : Mr.D.B. Bhange ...

CORAM : KISHORE C. SANT, J.

DATE : 06.12.2023.

PER COURT :

1.

All these civil applications are filed seeking condonation of delay of 1516 days caused in filing Cross Objections in First Appeals by the Acquiring Body. 2.

The said applications are opposed by Mr. Patil, learned Advocate for respondent No. 1/Acquiring Body. 3.

Considering that the lands are acquired, applications

7ca14394.23 deserve to be allowed. However, the claimants shall not claim interest for a period of delay.

4.

Mr. Patil, learned Advocate waives service of notice on behalf of respondent No. 1.

5 .

The learned AGP, Mr. Bhange waives service of notice on behalf of respondent No. 2 and 3. Hence following order :

ORDER

a) Applications are allowed and disposed off.

b) Delay in all applications is condoned.

c) The claimants shall not entitled for interest of the delayed period.

d) The Cross Objections are admitted.

( KISHORE C. SANT ) JUDGE mahajansb/