Union Of India Through The General Manager Central Railway v. Ashok S/O Bhimrao Andil

2025:BHC-AUG:7839 930 CA 1516 OF 2024.KK

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 1516 OF 2024 WITH CIVIL APPLICATION NO. 1517 OF 2024 IN FAST/34982/2023 Union Of India Through The General Manager Central Railway

VERSUS

Ashok S/o Bhimrao Andil ...

Advocate for Applicant : Mr. A. G. Talhar AGP for Respondent/s-State : Mr. S. P. Joshi. ...

CORUM :

ROHIT W. JOSHI, J.

DATE :

7th MARCH, 2025 PER COURT :

1.

There is a delay of 314 days in filing this First Appeal by original petitioner in land acquisition case. Having regard to the fact that the matter pertains to Land Acquisition Act and the land owner is 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. In that view of the matter, the application for condonation of delay is allowed, subject to condition that the appellant 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 application is disposed of.

[ROHIT W. JOSHI] JUDGE KS_Kamble/