← Library
Bombay High CourtCA/1528/2024admittedallowedgrantedrule absolute

Union Of India Through General Manager Central Railway v. Jabaji S/O Ranu Sayember

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

2025:BHC-AUG:7585 931 CA 1518 OF 2024.KK

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 1518 OF 2024 WITH CIVIL APPLICATION NO. 1519 OF 2024 IN FAST/35416/2023 Union Of India Through The General Manager Central Railway

VERSUS

Pandurang S/o Paraji Sendge ...

Advocate for Applicant : Mr. Talhar Ajay G.

AGP for Respondent/s-State : Mr. S. S. Dande ...

WITH CIVIL APPLICATION NO. 1522 OF 2024 WITH CIVIL APPLICATION NO. 1523 OF 2024 IN FAST/35496/2023 WITH CIVIL APPLICATION NO. 1524 OF 2024 WITH CIVIL APPLICATION NO. 1525 OF 2024 IN FAST/35501/2023 WITH CIVIL APPLICATION NO. 1526 OF 2024 WITH CIVIL APPLICATION NO. 1527 OF 2024 IN FAST/35505/2023 WITH CIVIL APPLICATION NO. 1528 OF 2024 WITH CIVIL APPLICATION NO. 1529 OF 2024 IN FAST/35512/2023 WITH CIVIL APPLICATION NO. 1530 OF 2024 WITH CIVIL APPLICATION NO. 1531 OF 2024 IN FAST/35522/2023 WITH CIVIL APPLICATION NO. 1532 OF 2024 WITH CIVIL APPLICATION NO. 1533 OF 2024 IN FAST/35526/2023 WITH CIVIL APPLICATION NO. 1536 OF 2024 WITH CIVIL APPLICATION NO. 1537 OF 2024 IN FAST/35529/2023 WITH CIVIL APPLICATION NO. 1534 OF 2024 WITH CIVIL APPLICATION NO. 1535 OF 2024 IN FAST/35532/2023 WITH CIVIL APPLICATION NO. 1538 OF 2024 WITH CIVIL APPLICATION NO. 1539 OF 2024 IN FAST/35538/2023 WITH CIVIL APPLICATION NO. 1540 OF 2024 WITH CIVIL APPLICATION NO. 1541 OF 2024 IN FAST/35541/2023 WITH CIVIL APPLICATION NO. 1520 OF 2024 WITH 1/2

931 CA 1518 OF 2024.KK CIVIL APPLICATION NO. 1521 OF 2024 IN FAST/35546/2023 WITH CIVIL APPLICATION NO. 1542 OF 2024 WITH CIVIL APPLICATION NO. 1543 OF 2024 IN FAST/35551/2023 ...

CORUM :

ROHIT W. JOSHI, J.

DATE :

7th MARCH, 2025 PER COURT :

1.

There is a delay of 1384 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.

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. Six weeks' time 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/ 2/2