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Bombay High CourtCA/1544/2024admittedallowedgrantedrule absolute

Union Of India Through The General Manager Central Railway v. Dadasaheb S/O Shridhar Bhogade

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

2025:BHC-AUG:7782 932+933+934.KK

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 932 CIVIL APPLICATION NO. 1544 OF 2024 WITH CIVIL APPLICATION NO. 1545 OF 2024 IN FAST/34979/2023 Union Of India Through The General Manager Central Railway

VERSUS

Dadasaheb S/o Shridhar Bhogade ...

Advocate for Applicant : Mr. Talhar Ajay G.

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

AND 933 CIVIL APPLICATION NO. 1546 OF 2024 WITH CIVIL APPLICATION NO. 1547 OF 2024 IN FAST/35021/2023 Union Of India Through The General Manager Central Railway

VERSUS

Ravindra S/o Shrihari Devkar ...

Advocate for Applicant : Mr. Talhar Ajay G.

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

AND 934 CIVIL APPLICATION NO. 1551 OF 2024 WITH CIVIL APPLICATION NO. 1550 OF 2024 IN FAST/35026/2023 Union Of India Through The General Manager Central Railway

VERSUS

Vishnupant S/o Dadarao Devkar ...

Advocate for Applicant : Mr. Talhar Ajay G.

AGP for Respondent/s-State : Mr. S. S. Dande Advocate for Respondent : Mr. Bagal Vishal A. ...

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932+933+934.KK CORUM :

ROHIT W. JOSHI, J.

DATE :

7th MARCH, 2025 PER COURT :

1.

There is a delay of 253,285 and 372 days in filing these respective First Appeals by original petitioners in land acquisition case. Having regard to the fact that the matters pertain 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. In that view of the matter, the application for condonation of delay is 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