Gulab Bhagwan Patil v. The State Of Maharashtra And ORS

6ca5389.22

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 6 CIVIL APPLICATION NO.5389 OF 2022 IN FAST/36183/2019 WITH CA/5390/2022 IN FAST/36179/2019 BHALCHANDRA SUKA MALI

VERSUS

THE STATE OF MAHARASHTRA AND ORS ...

Advocate for Applicants : Ms. Mrunal Andhare h/f Mr.Kale Ajeet B. AGP for Respondents/State : Mr.S.B. Pulkundwar Advocate for Respondent No. 3 : Mr.Patil Bipinchandra K. ...

AND 7 CIVIL APPLICATION NO.6356 OF 2022 IN FAST/37418/2019 GULAB BHAGWAN PATIL

VERSUS

THE STATE OF MAHARASHTRA AND ORS ...

Advocate for Applicant : Ms. Mrunal Andhare h/f Mr.Kale Ajeet B. AGP for Respondents/State : Mr.S.B.Pulkundwar Advocate for Respondent No. 3 : Mr.Patil Bipinchandra K. ...

CORAM : KISHORE C. SANT, J.

DATE : 07.09.2023.

PER COURT :

1.

Heard the parties for some time. These applications are for condonation of delay of 2675 days & 2690 days respectively in filing the First Appeals. The appeal was filed for

6ca5389.22 enhancement in the amount of compensation. The appellants had filed a reference under Section 18 of the Land Acquisition Act in the Court of learned Civil Judge, Senior Division, Amalner. The learned Judge has enhanced the amount to a certain extent, however, is not as per the prayers of the appellants.

2.

Both the applications are strongly objected by the learned Advocate for the respondent No. 3 and also by the learned AGP.

3.

Considering that the appeal is filed for enhancement of the amount of compensation and considering the fact that the appellants have lost their valuable lands under the acquisition, this Court feels that delay needs to be condoned, however the applicants shall not entitled to claim the interest for the aforesaid delayed periods. With this, the Civil Applications stand allowed and disposed off. The office to register the appeal. ( KISHORE C. SANT ) JUDGE mahajansb/