Malhari Madhavrao Khandekar And ORS v. The State Of Maharashtra Thr District Collector Nanded And ORS

2024:BHC-AUG:11348 1 914-CA-5741-22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 5741 OF 2022 IN FAST/34680/2019 MALHARI MADHAVRAO KHANDEKAR AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA THROUGH DISTRICT COLLECTOR NANDED AND OTHERS ...

Mr. Kiran M. Nagarkar, Advocate for Applicant Mr. V.S. Badakh, AGP for Respondent Nos.1 & 2/State Mr. Vinesh C. Solshe, Advocate for Respondent No.3 ...

CORAM : NITIN B. SURYAWANSHI, J.

DATE : 21th JUNE, 2024 PER COURT :

1.

This application is filed by claimants whose land is acquired, seeking condonation of delay of 1931 days in filing first appeal.

2.

Learned advocate for acquiring body and learned AGP vehemently opposed the application contending that there is inordinate delay and the same is not properly explained by applicants.

3.

Taking into consideration the fact that applicants' land is acquired and delay is explained under paragraph Nos.4 to 6 of the application, application is allowed. Delay of 1931 days is condoned. It is made clear that applicants/claimants shall not be entitled to claim interest for the delayed period of 1931 days, if they succeed in first appeal.

(NITIN B. SURYAWANSHI, J.) SVH