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Bombay High CourtCA/15033/2023admittedallowedgrantedrule absolute

Tukaram Govind Kasle v. The State Of Maharashtra Through The Collector, Latur And ORS

2025-02-27Hon'Ble Shri Justice Rohit W. Joshi3 pages

2025:BHC-AUG:6122

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 920 CIVIL APPLICATION NO. 15031 OF 2023 IN FAST/35244/2023 Laxman Mariba Sirsat (died) Thr Lrs. Baynabai Laxman Sirsat And Ors

VERSUS

The State Of Maharashtra Through The Collector, Latur And Ors ...

Advocate for Applicant : Mr. Sontakke Gajanan K. AGP for Respondent Nos.1 and 2 : Mr. S.S. Dande ...

WITH CIVIL APPLICATION NO. 15033 OF 2023 IN FAST/35314/2023 Tukaram Govind Kasle

VERSUS

The State Of Maharashtra Through The Collector, Latur And Ors WITH CIVIL APPLICATION NO. 15037 OF 2023 IN FAST/35317/2023 Atmaram Narba Wakle

VERSUS

The State Of Maharashtra Through The Collector, Latur And Ors WITH CIVIL APPLICATION NO. 15036 OF 2023 IN FAST/35320/2023 Rajashree Mohanrao Hendge

VERSUS

The State Of Maharashtra Through The Collector, Latur And Ors

WITH CIVIL APPLICATION NO. 15035 OF 2023 IN FAST/35324/2023 Shankar Laxman Sirsat

VERSUS

The State Of Maharashtra Through The Collector, Latur And Ors WITH CIVIL APPLICATION NO. 15039 OF 2023 IN FAST/35328/2023 Vishnu Govind Kasle

VERSUS

The State Of Maharashtra Through The Collector, Latur And Ors .....

CORAM : ROHIT W. JOSHI, J.

Dated : 27th FEBRUARY, 2025 PER COURT :- .

Heard the learned Advocate appearing for the respective parties.

2.

By these applications, the respective applicants seeks to condone the delay of 4242 days caused in filing the Appeals under the provisions of Land Acquisition Act. 3.

Although, the delay is inordinate, having regard to the fact that the matters pertain to land acquisition case, it will be expedient in the interest of justice to condone the delay. However, in order to balance the equities, it is necessary to direct that the appellants will not be entitled for interest for

the period of delay on the enhanced amount of compensation, if any. Hence, following order:

ORDER

a.

Civil Applications are allowed.

b.

Delay of 4242 days caused in filing the respective Appeals is hereby condoned.

c.

Appeals be registered.

d.

Civil Applications are disposed of.

FIRST APPEAL (STAMP) NO. 35244 OF 2023 FIRST APPEAL (STAMP) NO. 35314 OF 2023 FIRST APPEAL (STAMP) NO. 35317 OF 2023 FIRST APPEAL (STAMP) NO. 35320 OF 2023 FIRST APPEAL (STAMP) NO. 35324 OF 2023 FIRST APPEAL (STAMP) NO. 35328 OF 2023 1.

Heard.

2.

Admit.

3.

Issue notice to respondents. Learned AGP waives service of notice for respondent Nos.1 and 2.

4.

Appellant is permitted to serve respondent no.3 by all permissible modes in addition to regular mode of service. 5.

Call Record and Proceeding.

( ROHIT W. JOSHI, J. ) SGA/-