Pintu Balbhim Gaikwad v. The State Of Maharashtra Thr. Collector Osmanabad And ORS.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 34 CIVIL APPLICATION NO. 1904 OF 2024 IN FAST/33504/2023 PINTU BALBHIM GAIKWAD Advocate for Respondent 3 : Mr. G.S. Khaire h/f. Mr. S.S. Dande 35 CIVIL APPLICATION NO. 2149 OF 2024 IN FAST/37729/2023 KALPANA MAHADEO GAIKWAD AGP for Respondents 1 & 2: Mrs. A.S. Mantri 36 CIVIL APPLICATION NO. 2160 OF 2024 IN FAST/37656/2023 MAHADEO PARASRAM GAIKWAD AGP for Respondents 1 & 2: Mr. D.B. Bhange 37 CIVIL APPLICATION NO. 2161 OF 2024 IN FAST/37658/2023 AND CIVIL APPLICATION NO. 2162 OF 2024 IN FAST/37660/2023 DATTATRAYA PRALHAD GAIKWAD AGP for Respondents 1 & 2: Mr. A.M. Phule

38 CIVIL APPLICATION NO. 3119 OF 2024 IN FAST/35179/2023 DATTATRAY NARAYAN GAIKWAD AGP for Respondents 1 & 2: Mr. G.O. Wattamwar 39 CIVIL APPLICATION NO. 3120 OF 2024 IN FAST/35256/2023 RAJENDRA CHANDRABHAN GAIKWAD AND ORS AGP for Respondents 1 & 2: Mrs. M.N. Ghanekar 40 CIVIL APPLICATION NO. 3122 OF 2024 IN FAST/35258/2023 RAJENDRA CHANDRABHAN GAIKWAD AGP for Respondents 1 & 2: Mr. S.K. Shirse 41 CIVIL APPLICATION NO. 3126 OF 2024 IN FAST/34877/2023 SHRIRAHI PARASRAM GAIKWAD AGP for Respondents 1 & 2: Mr. V.M. Chate Advocate for Respondent 3 : Mr. G.S. Khaire h/f. Mr. S.S. Dande 42 CIVIL APPLICATION NO. 3137 OF 2024 IN FAST/35007/2023 BHARAT HANUMANT PIMPLE

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 43 CIVIL APPLICATION NO. 3138 OF 2024 IN FAST/35246/2023 KAUSHALYA ARUN GAIKWAD AND ANR AGP for Respondents 1 & 2: Mrs. A.S. Mantri 44 CIVIL APPLICATION NO. 3141 OF 2024 IN FAST/35167/2023 AND CIVIL APPLICATION NO. 3142 OF 2024 IN FAST/35170/2023 JAGANNATH SUDAM GAIKWAD AGP for Respondents 1 & 2: Mr. D.B. Bhange 45 CIVIL APPLICATION NO. 3490 OF 2024 IN FAST/35803/2023 BABRUWAN VITHAL GAIKWAD AGP for Respondents 1 & 2: Mr. A.M. Phule 46 CIVIL APPLICATION NO. 3508 OF 2024 IN FAST/35813/2023

BHAGWAT BHANUDAS SHINDE AGP for Respondents 1 & 2: Mr. G.O. Wattamwar CIVIL APPLICATION NO. 3115 OF 2024 IN FAST/35182/2023 UTTERESHWAR VITHAL GAIKWAD (DIED) THR LRS.

THE STATE OF MAHARASHTRA THR COLLECTOR OSMANABAD AND ORS.

CORAM

: KISHORE C. SANT, J.

Dated : July 10, 2024 PER COURT :- 1.

Civil Application No. 3115/2024 is not on board. Taken on board. 2.

Heard the learned advocate for the applicants, the learned AGP for respondent Nos. 1 and 2 in respective matters. Learned advocate Mr. G.S. Khaire h/f. Mr. S.S. Dande waives service of notice for respondent No. 3 in Civil Application Nos. 1904 and 3126 of 2024. Though served, none appears for respondent No. 3 in other matters.

3.

These applications are for condonation of delay ranging from 2170 to 2872 days, respectively caused in filing the appeals. The only reason assigned is that the applicants are poor persons and has no knowledge of law and of remedy of filing of appeal.

4.

The applications are vehemently opposed by the respondents stating that the reasons assigned in the applications cannot be said to be sufficient to condone the delay. The delay is almost of six years and more. In the alternative, it is submitted that if applications are allowed, heavy costs be imposed on the applicants.

5.

Considering that the applications are by the persons whose lands/ properties are acquired by the Government, this Court is inclined to allow the applications with conditions. Hence, the order.

ORDER

(i) The applications are allowed. The delay stand condoned, subject to depositing of cost of Rs. 2500/-, in each application, by the applicants in the office of Legal Services Authority, Sub-Committee, High Court, Aurangabad within four weeks from today. Office to register the appeal. The applications are disposed of.

(ii) It is also made clear that the applicants shall not be entitled to receive the interest on the amount for the delay period, in case compensation is enhanced.

( KISHORE C. SANT, J. ) ssc/