Union Of India Through The General Manager Central Railway v. Ramkisan S/O Keshav Chavan

2025:BHC-AUG:7831 929-ca-1512-2024.KK

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 1512 OF 2024 WITH CIVIL APPLICATION NO. 1513 OF 2024 IN FAST/35016/2023 Union Of India Through The General Manager Central Railway

VERSUS

Ramkisan S/o Keshav Chavan ---------------------------------------------------------------------------------------------------- Advocate for Applicant : Mr. Talhar Ajay G.

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 1346 days in filing this respective 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. Some cost will also have to be imposed having regard to the delay caused. In that view of the matter, the application for condonation of delay is allowed, subject to cost of Rs. 5000/- payable to Chairman, Library Committee, Advocates' Association of Bombay High Court, Bench at Aurangabad. Six weeks time is granted to deposit the cost. 3.

In addition to this it is directed that the appellant land owner will not be entitled to claim any interest on the amount on compensation i.e. Market value of the acquired property and statutory benefits for the period of delay. Civil applications are disposed of. [ROHIT W. JOSHI] JUDGE KS_Kamble/