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Bombay High CourtCA/12919/2024admittedallowedgrantedrule absolute

Dadarao Sakharam Raut And ANR v. The State Of Maharashtra Through The Collector Jalna And ORS.

2025-04-04Hon'Ble Shri Justice S. G. Chapalgaonkar2 pages

2025:BHC-AUG:10214 ca 12913.24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 12 CIVIL APPLICATION NO. 12913 OF 2024 IN FAST/28611/2024 Patangrao Umaji Muley (died) Thr. Lrs Chandrakala Died Thr. Lrs Abasaheb Patangrao Muley

VERSUS

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

AND 13 CIVIL APPLICATION NO. 12919 OF 2024 IN FAST/29634/2024 Dadarao Sakharam Raut And Anr

VERSUS

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

AND 14 CIVIL APPLICATION NO. 13260 OF 2024 IN FAST/28603/2024 Dadarao Sakharam Raut

VERSUS

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

AND 15 CIVIL APPLICATION NO. 14074 OF 2024 IN FAST/31422/2024 Santosh Babasaheb Kharabe

VERSUS

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

Advocate for Applicant : Mr. A.H. Koralkar AGP for Respondents: Mr. V.S. Badakh/ Mr. D.B Bhange ...

CORAM : S. G. CHAPALGAONKAR, J.

Dated : April 04, 2025 PER COURT :- 1.

Heard learned advocate appearing applicant.

2.

Issue notice to the Respondents. earned AGP waives notice for all respondents.

ca 12913.24.odt 3.

The applicant/s seeks to condone delay caused in filing the appeal/s against the award passed by the Reference Court. 4.

Perused the application. Land of the claimants is acquired in compulsory acquisition. Thereafter claimants filed reference for enhanced compensation, which is partly allowed. However, the applicant is aggrieved by assessment of compensation by the Reference Court.

5.

Perused reasons as stated in the application. Apparently, the delay has been occasioned on account of financial duress of the applicant and old age. Learned counsel appearing for the applicants, on instructions, makes a statement that the applicant/s is ready to file an undertaking that applicant would not claim any interest or statutory benefit for the delayed period, in case delay is condoned. Considering the submissions advanced, following order is passed.

O r d e r I.

Civil applications are allowed in terms of prayer clause 'A', subject to condition that applicant/s files an undertaking to the satisfaction of Registrar (Judicial) of this Court that the applicant shall not claim interest or statutory benefit for the delayed period, in case his appeal is allowed and enhanced compensation is granted.

ii.

Civil applications stand disposed of.

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

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