Vitthal Ramchandra Dongre v. The State Of Maharashtra Through Collector, Jalna And ORS

2025:BHC-AUG:6973 939 ca 3872 2024

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 3872 OF 2024 IN FAST/36332/2023 Vitthal Ramchandra Dongre

VERSUS

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

Advocate for Applicant : Mr. S. M. Kakde and Mr. D. M. Kakade AGP for R|1 and R|2 : Mr. S. S. Dande Advocate for R|3 : Mr. S. C. Arora ...

CORUM :

ROHIT W. JOSHI, J.

DATED :

7th MARCH, 2025 PER COURT :

1.

There is a delay of 3098 days in filing 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 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 application for condonation of delay is allowed, subject to cost of 1/2

939 ca 3872 2024 Rs. 5000/- payable to Chairman, Library Committee, Advocates Association of Bombay High Court, Bench at Aurangabad. 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 application is disposed of.

[ROHIT W. JOSHI] JUDGE KS_Kamble/ 2/2