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Bombay High CourtCA/108/2024admittedallowedgrantedrule absolute

Union Of India Through The General Manager Central Railway v. Hiraji S/O Bhimrao Ingale And ORS

2025-03-07Hon'Ble Shri Justice Rohit W. Joshi2 pages

2025:BHC-AUG:7762 920 CIVIL APPLICATION NO. 113 OF 2024

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 920 CIVIL APPLICATION NO. 113 OF 2024 WITH CIVIL APPLICATION NO. 114 OF 2024 IN FAST/34066/2023 Union Of India Through The General Manager Central Railway And Ors.

VERSUS

Dagadu Abaji Ingale And Anr.

WITH CIVIL APPLICATION NO. 105 OF 2024 WITH CIVIL APPLICATION NO. 107 OF 2024 IN FAST/34189/2023 WITH CIVIL APPLICATION NO. 108 OF 2024 WITH CIVIL APPLICATION NO. 110 OF 2024 IN FAST/34194/2023 WITH CIVIL APPLICATION NO. 111 OF 2024 WITH CIVIL APPLICATION NO. 112 OF 2024 IN FAST/34198/2023 WITH CIVIL APPLICATION NO. 91 OF 2024WITH CIVIL APPLICATION NO. 92 OF 2024 IN FAST/34203/2023 WITH CIVIL APPLICATION NO. 94 OF 2024 WITH CIVIL APPLICATION NO. 95 OF 2024 IN FAST/34211/2023 WITH CIVIL APPLICATION NO. 96 OF 2024 WITH CIVIL APPLICATION NO. 97 OF 2024 IN FAST/34218/2023 WITH CIVIL APPLICATION NO. 99 OF 2024 WITH CIVIL APPLICATION NO. 100 OF 2024 IN FAST/34222/2023 WITH CIVIL APPLICATION NO. 101 OF 2024 WITH CIVIL APPLICATION NO. 102 OF 2024 IN FAST/34227/2023 WITH CIVIL APPLICATION NO. 103 OF 2024 WITH CIVIL APPLICATION NO. 104 OF 2024 IN FAST/34231/2023 WITH CIVIL APPLICATION NO. 87 OF 2024 WITH CIVIL APPLICATION NO. 88 OF 2024 IN FAST/34236/2023 WITH CIVIL APPLICATION NO. 89 OF 2024 WITH CIVIL APPLICATION NO. 90 OF 2024 IN FAST/34240/2023 1/2

920 CIVIL APPLICATION NO. 113 OF 2024 ...

Advocate for Applicant : Mr. Talhar Ajay G.

AGP for Respondent/s-State : Mr. S. S. Dande ...

CORUM :

ROHIT W. JOSHI, J.

DATE :

7th MARCH, 2025 PER COURT :

1.

There is a delay of around 3047 to 3048 days in filing these First Appeals by original petitioners in land acquisition case. Having regard to the fact that the matter pertains 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 of interest for the period of delay on the State and Acquiring body. 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