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Bombay High CourtCA/12644/2024admittedallowedgrantedrule absolute

The Executive Engineer, Seena Kolegaon Project, Paranda, Dist. Osmanabad. v. Udhav Baburao Miskin And ORS

2025-02-27Hon'Ble Shri Justice S. G. Chapalgaonkar2 pages

2025:BHC-AUG:5733 (1) 51-ca-12638-2024-delay.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 12638 OF 2024 IN FAST/28712/2024 THE EXECUTIVE ENGINEER, SEENA KOLEGAON PROJECT, PARANDA, DIST. OSMANABAD.

VERSUS

MADHUKAR BABURAO MISKIN AND ORS AND CIVIL APPLICATION NO. 12640 OF 2024 IN FAST/28715/2024 THE EXECUTIVE ENGINEER, SEENA KOLEGAON PROJECT, PARANDA, DIST. OSMANABAD.

VERSUS

HAMBIRRAO BABURAO MISKIN AND ORS ...

AND CIVIL APPLICATION NO. 12642 OF 2024 IN FAST/28718/2024 THE EXECUTIVE ENGINEER, SEENA KOLEGAON PROJECT, PARANDA, DIST. OSMANABAD.

VERSUS

HAMBIRRAO BABURAO MISKIN AND ORS ...

AND CIVIL APPLICATION NO. 12644 OF 2024 IN FAST/28721/2024 THE EXECUTIVE ENGINEER, SEENA KOLEGAON PROJECT, PARANDA, DIST. OSMANABAD.

VERSUS

UDHAV BABURAO MISKIN AND ORS ...

AND CIVIL APPLICATION NO. 12646 OF 2024 IN FAST/28709/2024 THE EXECUTIVE ENGINEER, SEENA KOLEGAON PROJECT, PARANDA, DIST. OSMANABAD.

VERSUS

MADHUKAR BABURAO MISKIN AND ORS

(2) 51-ca-12638-2024-delay.odt ...

Mr. Gulab Balbhim Rajale, Advocate for Applicant. Mr. D. B. Bhange, AGP for Respondents-State.

...

CORAM : S. G. CHAPALGAONKAR, J.

DATED : 27th FEBRUARY, 2025.

P.C.:- 1.

Heard Mr. Rajale, learned Advocate appearing for the applicant.

2.

By these applications, applicant seeks to condone delay of 2072 days caused in filing Appeals.

3.

Mr. Rajale, learned Advocate submits that Appeals are restricted only to the extent that interest has been awarded from the date of possession instead date of award passed by the Land Acquisition Officer. He submits that entire amount as per award passed by the Reference Court is already deposited. 4.

The reasons as stated are not controverted by respondents, although they are served by notice of these applications. 5.

In that view of the matter, sufficient cause is made out to condone delay. Hence, following order:

ORDER

a.

Civil Applications are allowed.

b.

Delay of 2072 days caused in filing Appeals is hereby condoned.

c.

Appeals be registered subject to removal of office objections, if any.

(S. G. CHAPALGAONKAR) JUDGE Devendra/February-2025