Union Of India Through The General Manager Central Railway v. Rabanabi Faruq Pathan And ORS

2025:BHC-AUG:7550 926-ca-660-2024.KK

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 660 OF 2024 WITH CIVIL APPLICATION NO. 661 OF 2024 IN FAST/34611/2023 Union Of India Through The General Manager Central Railway

VERSUS

Rabanabi Faruq Pathan And Ors.

...

Advocate for Applicant : Mr. Talhar Ajay G.

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

WITH CIVIL APPLICATION NO. 664 OF 2024 WITH CIVIL APPLICATION NO. 665 OF 2024 IN FAST/34675/2023 WITH CIVIL APPLICATION NO. 666 OF 2024 WITH CIVIL APPLICATION NO. 667 OF 2024 IN FAST/34682/2023 WITH CIVIL APPLICATION NO. 662 OF 2024 WITH CIVIL APPLICATION NO. 663 OF 2024 IN FAST/34688/2023 ...

CORUM :

ROHIT W. JOSHI, J.

DATE :

7th MARCH, 2025 PER COURT :

1.

There is a delay of 295 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 1/2

926-ca-660-2024.KK 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. In that view of the matter, the applications for condonation of delay are allowed, subject to condition that the appellants shall not be entitled to interest on the enhanced amount of compensation i.e. market value and statutory benefit, for the period of delay. 3.

Civil applications are disposed of.

[ROHIT W. JOSHI] JUDGE KS_Kamble/ 2/2