Bhausaheb Pandhari Rautrao v. The State Of Maharashtra And ORS

1 16-2386-2020ca

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 16 CIVIL APPLICATION NO.2386 OF 2020 IN FAST/34520/2019 WITH CA/3199/2021 IN FAST/3184/2021 WITH CA/3198/2021 IN FAST/5298/2021 BHAUSAHEB PANDHARI RAUTRAO

VERSUS

THE STATE OF MAHARASHTRA AND ORS Mr N.D. Kendre, Advocate for applicants Mr A.B. Chate, A.G.P. for respondents no.1 and 2 Mr Shyam C. Arora, Advocate for respondent no.3 CORAM : SHRIKANT D. KULKARNI, J.

DATE : 7th March, 2022 PER COURT :

1.

These are the applications for condonation of delay moved the applicants.

2.

Heard Mr N.D. Kendre, learned Advocate for applicants, Mr A.B. Chate, learned A.G.P. for respondents no.1 and 2 and MR Shyam C. Arora, learned Advocate for respondent no.3.

3.

Mr A.B. Chate, learned A.G.P. for respondents no.1 and 2 and Mr Shyam C. Arora, learned Advocate for respondent no.3 strongly opposed to condone the delay. Both of them submitted that no sufficient reasons are assigned by the applicants to condone the delay.

4.

Having regard to the guidelines laid down in case of Dhiraj Singh (D) Tr. Vs. Haryana State, reported in MANU/SC/0778/2014, the delay needs to be condoned since it is a compulsory acquisition. The statutory right of appellants cannot be taken away on the ground of technicalities. The approach of the Court should be pragmatic while dealing with the applications for condonation of delay. The application needs to be allowed on condition that the applicants/claimants shall furnish usual undertaking stating that they would not claim statutory benefits and interest for the delayed period.

2 16-2386-2020ca

ORDER

(i) The Civil Applications are hereby allowed in terms of prayer clause (B). (ii) The applicants/appellants shall furnish usual undertaking stating that they would not claim statutory benefits and interest for the delayed period, which is condoned today.

(ii) The Registry to make scrutiny of the appeal as per procedure and thereafter it be numbered and placed before the Court for admission. (iv) The Civil Applications are accordingly disposed of. ( SHRIKANT D. KULKARNI, J.) vvr