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Bombay High CourtCA/8410/2016disposed offdismissed for default

Ramrao Manikrao Biradar And ANR v. The State Of Maharashtra And ANR

2019-12-16Hon'Ble Shri Justice Mangesh S. Patil2 pages

19CA8410.16.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 19 CIVIL APPLICATION NO. 8410 OF 2016 IN FAST/36664/2015 WITH CA/8412/2016 IN FAST/36963/2015 WITH CA/8413/2016 IN FAST/36977/2015 WITH CA/8414/2016 IN FAST/36979/2015 WITH CA/8415/2016 IN FAST/36965/2015 WITH CA/8417/2016 IN FAST/36975/2015 WITH CA/8419/2016 IN FAST/36969/2015 WITH CA/8420/2016 IN FAST/36985/2015 WITH CA/8423/2016 IN FAST/36981/2015 WITH CA/8425/2016 IN FAST/36973/2015 WITH CA/8429/2016 IN FAST/36971/2015 WITH CA/8430/2016 IN FAST/36967/2015 WITH CA/8433/2016 IN FAST/36983/2015 RAMRAO MANIKRAO BIRADAR AND ANOTHER

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER Advocate for Applicants : Mr. H.B. Nandagavale h/f. Mr. V.G. Sakolkar.

AGP for Respondent No. 1 : Mr. S.N. Morampalle.

CORAM

: MANGESH S. PATIL, J.

DATE : .16.12.2019 PER COURT :

Heard the learned advocate for the applicants in all these matters, the learned advocates representing the acquiring bodies except advocate Mr. Anand Chaure, who is absent and could not be heard. Heard the learned AGP as well.

2.

In all these matters the original claimants in reference proceedings under Section 18 of the Land Acquisition Act are seeking condonation of delay of 2708 days in filing appeals.

3.

Learned advocate for the applicants submits that valuable right of the

19CA8410.16.odt applicants to have a fair compensation is involved in the present proceedings. These claims cannot be allowed to be defeated because of technicalities. Therefore, the delay may be condoned. 4.

Needless to state that the applicants are the agriculturists whose lands are acquired long back, which is source of their livelihood. It is but natural, that such claimants were required to have spent time for making necessary arrangements, including finances for filing of the appeals. 5.

For the reasons mentioned in the applications, the delays are condoned subject to the condition that the applicants shall not be entitled to claim any interest for the period of delay in their respective matters. ( MANGESH S. PATIL, J. ) S.P.C.