Union Of India Through The General Manager Central Railway v. Sadhu S/O Bhagwan Ingle

2025:BHC-AUG:7819 922 CA 152 2024.KK

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 152 OF 2024 WITH CIVIL APPLICATION NO. 153 OF 2024 IN FAST/34044/2023 Union Of India Through The General Manager Central Railway Anr Ors.

VERSUS

Hanumant S/o Rama Veer And Ors.

...

Advocate for Applicants : Mr. Talhar Ajay G.

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

WITH CIVIL APPLICATION NO. 156 OF 2024 WITH CIVIL APPLICATION NO. 157 OF 2024 IN FAST/34412/2023 WITH CIVIL APPLICATION NO. 154 OF 2024 WITH CIVIL APPLICATION NO. 155 OF 2024 IN FAST/34415/2023 WITH CIVIL APPLICATION NO. 160 OF 2024 WITH CIVIL APPLICATION NO. 161 OF 2024 IN FAST/34419/2023 WITH CIVIL APPLICATION NO. 162 OF 2024 WITH CIVIL APPLICATION NO. 163 OF 2024 IN FAST/34423/2023 WITH CIVIL APPLICATION NO. 164 OF 2024 WITH CIVIL APPLICATION NO. 165 OF 2024 IN FAST/34432/2023 WITH CIVIL APPLICATION NO. 158 OF 2024 WITH CIVIL APPLICATION NO. 159 OF 2024 IN FAST/34436/2023 WITH CIVIL APPLICATION NO. 166 OF 2024 WITH CIVIL APPLICATION NO. 167 OF 2024 IN FAST/34441/2023 WITH CIVIL APPLICATION NO. 170 OF 2024 WITH 1/2

922 CA 152 2024.KK CIVIL APPLICATION NO. 171 OF 2024 IN FAST/34445/2023 WITH CIVIL APPLICATION NO. 168 OF 2024 WITH CIVIL APPLICATION NO. 169 OF 2024 IN FAST/34451/2023 ...

CORUM :

ROHIT W. JOSHI, J.

DATE :

7th MARCH, 2025 PER COURT :

1.

There is a delay of 1347 days in filing these respective 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 on the State and Acquiring body 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