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Bombay High CourtCA/656/2024admittedallowedgrantedrule absolute

Union Of India Through The General Manager Central Railway v. Smt. Sundrabai W/O Namdeo Hinge (Died) Thr Lrs. Pramilabai And ANR

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

2025:BHC-AUG:7596 925-ca-654-2024.KK

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 654 OF 2024 WITH CIVIL APPLICATION NO. 655 OF 2024 IN FAST/34782/2023 Union Of India Through The General Manager Central Railway

VERSUS

Ranuji S/o Balaji Khole ...

Advocate for Applicant : Mr. Talhar Ajay G.

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

WITH CIVIL APPLICATION NO. 658 OF 2024 WITH CIVIL APPLICATION NO. 659 OF 2024 IN FAST/35084/2023 WITH CIVIL APPLICATION NO. 656 OF 2024 WITH CIVIL APPLICATION NO. 657 OF 2024 IN FAST/35087/2023 ...

CORUM :

ROHIT W. JOSHI, J.

DATE :

7th MARCH, 2025 PER COURT :

1.

There is a delay of 1344 to 1345 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 of

925-ca-654-2024.KK 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. Some cost will also have to be imposed having regard to the delay caused. In that view of the matter, the applications for condonation of delay are allowed, subject to cost of Rs. 5000/- payable to Chairman, Library Committee, Advocates' Association of Bombay High Court, Bench at Aurangabad. Time of six weeks is granted to deposit the cost. 3.

In addition to this it is directed that the appellants land owners 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/ 2 of