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Bombay High CourtCA/145/2024admittedallowedgrantedrule absolute

Union Of India Through The General Manager Central Railway v. Rambhau S/O Khema Korde

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

2025:BHC-AUG:7749 921 CIVIL APPLICATION NO. 140 OF 2024

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 921 CIVIL APPLICATION NO. 140 OF 2024 WITH CIVIL APPLICATION NO. 141 OF 2024 IN FAST/34401/2023 Union Of India Through The General Manager Central Railway

VERSUS

Motiram S/o Rajaram Dharphe ...

Advocate for Applicant : Mr. Talhar Ajay G.

AGP for Respondent/s-State : Mr. S. P. Joshi ...

WITH CIVIL APPLICATION NO. 145 OF 2024 WITH CIVIL APPLICATION NO. 146 OF 2024 IN FAST/34707/2023 WITH CIVIL APPLICATION NO. 143 OF 2024 WITH CIVIL APPLICATION NO. 144 OF 2024 IN FAST/34711/2023 ...

CORUM :

ROHIT W. JOSHI, J.

DATE :

7th MARCH, 2025 PER COURT :

1.

There is a delay of 282 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.

1/2

921 CIVIL APPLICATION NO. 140 OF 2024 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