Union Of India Through The General Manager Central Railway v. Kailas S/O Laxman Pawar And ANR

2025:BHC-AUG:7792 923 CA 172 2024.KK

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 923 CIVIL APPLICATION NO. 172 OF 2024 IN FAST/33925/2023 WITH CIVIL APPLICATION NO. 173 OF 2024 IN FAST/33925/2023 Union Of India Through The General Manager Central Railway

VERSUS

Kailas S/o Laxman Pawar And Anr ...

Advocate for Applicant : Mr. Talhar Ajay G.

AGP for Respondent/s-State : Mr. S. P. Joshi ...

WITH CIVIL APPLICATION NO. 180 OF 2024 WITH CIVIL APPLICATION NO. 181 OF 2024 IN FAST/34037/2023 WITH CIVIL APPLICATION NO. 178 OF 2024 WITH CIVIL APPLICATION NO. 179 OF 2024 IN FAST/34040/2023 WITH CIVIL APPLICATION NO. 174 OF 2024 WITH CIVIL APPLICATION NO. 175 OF 2024 IN FAST/34047/2023 WITH CIVIL APPLICATION NO. 182 OF 2024 WITH CIVIL APPLICATION NO. 183 OF 2024 IN FAST/34051/2023 WITH CIVIL APPLICATION NO. 184 OF 2024 WITH CIVIL APPLICATION NO. 185 OF 2024 IN FAST/34054/2023 WITH CIVIL APPLICATION NO. 176 OF 2024 WITH CIVIL APPLICATION NO. 177 OF 2024 IN FAST/34057/2023 WITH CIVIL APPLICATION NO. 186 OF 2024 WITH CIVIL APPLICATION NO. 187 OF 2024 IN FAST/34061/2023 ...

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923 CA 172 2024.KK CORUM :

ROHIT W. JOSHI, J.

DATE :

7th MARCH, 2025 PER COURT :

1.

There is a delay of around 1355 to 1356 days in filing these respective First Appeals by original petitioners in land acquisition case. Having regard to the fact that the matters pertain to Land Acquisition Act and the land owners are entitled to get appropriate compensation, I am inclined to condone the delay.

2.

However, at the same time it will be inequitable to fasten liability on the State and Acquiring body of interest for the period of delay. Some cost will also have to be imposed having regard to the delay caused. In that view of the matter, the applications for condonation of delay are allowed, subject to cost of Rs. 5000/- payable to Chairman, Library Committee, Advocates Association of Bombay High Court, Bench at Aurangabad. Six weeks' time is granted to deposit the cost. 3.

In addition to this it is directed that the appellants land owners will not be entitled to claim any interest on the amount on compensation i.e. Market value of the acquired property and statutory benefits for the period of delay. Civil applications are disposed of. [ROHIT W. JOSHI] JUDGE KS_Kamble/ 2/2