Dayanand Govind Karmude And ANR v. The State Of Maharashtra Thr The Collector, Latur And ORS

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 15 CIVIL APPLICATION NO.204 OF 2020 IN FAST/34687/2019 DAYANAND GOVIND KARMUDE AND ANR

VERSUS

THE STATE OF MAHARASHTRA THR THE COLLECTOR, LATUR AND ORS Mr N.D. Kendre, Advocate for applicants Mr S.N. Morampalle, A.G.P. for respondents no.1 and 2 CORAM : SHRIKANT D. KULKARNI, J.

DATE : 7th March, 2022 PER COURT :

1.

It is an application for condonation of delay moved by the applicants/original claimants.

2.

Heard Mr N.D. Kendre, learned Advocate for applicants and Mr S.N. Morampalle, learned A.G.P. for respondents no.1 and 2/State. None present for respondent no.3 when the matter is called out. 3.

There seems to be delay of 2289 days in preferring the appeal. Mr Morampalle, learned A.G.P. strongly opposed 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.

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ORDER

(i) The Civil Application is 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 Application is accordingly disposed of. ( SHRIKANT D. KULKARNI, J.) vvr