Maroti Bapurao Pawar v. The State Of Maharashtra And ANR

( 1 ) 28 ca 5517.22

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 28 CIVIL APPLICATION NO. 5517 OF 2022 IN FAST/38211/2019 MAROTI BAPURAO PAWAR

VERSUS

THE STATE OF MAHARASHTRA AND ANR .....

Advocate for Applicant : Mr. Madde Shrikant B. AGP for Respondents/State : Mr. D.B. Bhange Advocate for R/2 : Mr. Soman D.V.

.....

CORAM :

Y.G. KHOBRAGADE, J.

DATE :

26.03.2024 P.C.:- 1.

Heard the learned counsel appearing for the applicant / original claimant as well as Mr. Bhange the learned AGP for the non-applicant no.1 and Mr. Soman the learned counsel appearing for the non-applicant no.2. 2.

By the present application, the applicant prayed for condonation of delay of 3899 days caused in lodging the appeal challenging the order passed by the Reference Court arising out of land acquisition proceedings. According to the applicant, he is an agriculturist and due to financial crisis he could not file appeal but after he has collected the amount of compensation deposited by the railway department/acquiring body he has filed the present appeal for which the delay of 3899 days (more than 10 years) has occurred.

( 2 ) 28 ca 5517.22 3.

Needless to say that by the present appeal the appellant/applicant wanted to seek enhancement of compensation for his land which has been acquired by the acquiring body/railway department i.e. non-applicant no.2. Therefore, considering the financial problem as well as grounds set out in the application, the same is allowed and the delay of 3899 days caused in lodging the appeal is hereby condoned. However, it is made clear that the present applicant/claimant would not be entitled for any interest or any other benefits for the delayed period. Copy of this order be kept with the First Appeal. Accordingly, the civil application is disposed of. 4.

Office to register the first appeal and place before this Court for further consideration on 30.04.2024.

[Y.G. KHOBRAGADE, J.] mub