Babarao Ramji Vibhute And ORS v. The State Of Maharashtra And ORS

2025:BHC-AUG:2397 920 CA 5476-2022

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 920 CIVIL APPLICATION NO. 5476 OF 2022 IN FIRST APPEAL (ST) NO. 38122 OF 2019 BABARAO RAMJI VIBHUTE AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Ms. Laxmi Thakur h/f. Mr. L.C. Patil - Advocate for Applicants Mr. D.J. Patil - AGP for Respondent Nos.1 and 2, State Ms. Meera A. Bhosle h/f. Mr. V.P. Narwade - Advocate for Respondent No.13 ....

CORAM : SANDIPKUMAR C. MORE, J.

DATE : 29th January, 2025 PER COURT :

1.

Heard rival submissions.

2.

The application is filed by the appellants - claimants for condonation of delay of 2002 days in filing First Appeal. Learned Counsel for respondent No.3 - acquiring body as well as learned A.G.P. strongly opposed the application on the ground that, the delay is inordinate. However, considering the statutory right of the applicants and the reasons mentioned in the application, the application stands allowed in terms of prayer clause 'B' subject to cost of Rs.3,000/- (rupees Three Thousands only) to be paid to be Pooja Kale 1/2

920 CA 5476-2022 paid to the Government Pleader's Library of High Court, Bombay, Bench at Aurangabad within two weeks.

3.

The application is disposed of accordingly.

4.

It is made clear that, the applicants and claimants shall not claim any interest and statutory benefits for the aforesaid period of delay on the enhanced compensation, if granted. 5.

The appeal be registered after removal of office objections, if any and on depositing the cost.

[ SANDIPKUMAR C. MORE ] JUDGE Pooja Kale 2/2