Tarachand Arjun Patil v. The Special Land Acquisition Officer-2 Uppar Tapi Project Hatnoor Jalgaon And Another

1 ca 313.18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 313 OF 2018 FIRST APPEAL STAMP NO. 42007 OF 2017 Bhanudas Tarachand Patil and another .. Applicants Shri M. M. Bhokarikar, Advocate for the Applicants. Shri A. S. Shinde, A.G.P. for Respondent No. 1. CIVIL APPLICATION NO. 314 OF 2018 FIRST APPEAL STAMP NO. 41982 OF 2017 Tarachand Arjun Patil Shri A. S. Shinde, A.G.P. for Respondent No. 1. CIVIL APPLICATION NO. 315 OF 2018 FIRST APPEAL STAMP NO. 42012 OF 2017 Shankar Bhiva Patil

2 ca 313.18 Shri S. B. Pulkundwar, A.G.P. for Respondent No. 1. CIVIL APPLICATION NO. 318 OF 2018 FIRST APPEAL STAMP NO. 41706 OF 2017 Soma Amrut Patil Shri S. G. Karlekar, A.G.P. for Respondent No. 1. CIVIL APPLICATION NO. 321 OF 2018 FIRST APPEAL STAMP NO. 41731 OF 2017 Indal Punju Bhil Shri Pavan K. Lakhotiya, A.G.P. for Respondent No. 1. WITH CIVIL APPLICATION NO. 322 OF 2018

3 ca 313.18 FIRST APPEAL STAMP NO. 41733 OF 2017 Sonu Lotan Bhil Since deceased Through L.R. Adhar Sonu Bhil Shri Pavan K. Lakhotiya, A.G.P. for Respondent No. 1. WITH CIVIL APPLICATION NO. 323 OF 2018 FIRST APPEAL STAMP NO. 41735 OF 2017 Dharma Gondu Bhil Shri Pavan K. Lakhotiya, A.G.P. for Respondent No. 1. CIVIL APPLICATION NO. 325 OF 2018 FIRST APPEAL STAMP NO. 41725 OF 2017 Shivaji Kautik Patil

4 ca 313.18 Shri S. B. Pulkundwar, A.G.P. for Respondent No. 1. CIVIL APPLICATION NO. 5864 OF 2018 FIRST APPEAL STAMP NO. 41708 OF 2017 Budha Ramdas Koli Shri S. G. Karlekar, A.G.P. for Respondent No. 1. CORAM :

S. G. CHAPALGAONKAR, J.

DATE :

07TH JUNE, 2023.

FINAL ORDER :

.

Heard.

2.

These civil applications are filed for condonation of delay caused in filing the first appeals against judgment and award passed by the Reference Court, Amalner under the provisions of the Land Acquisition Act.

2.

Mr. Bhokarikar, learned advocate appearing for the applicants would invite attention of this Court to para No. 3 of the applications and submits that sufficient cause is made out for condonation of delay.

5 ca 313.18 3.

Mr. Pawar, learned advocate appearing for the respondent No. 2/Acquiring Body vehemently opposes the applications. However, in alternate he submits that in case the delay is condoned, the applicants shall not be entitled to claim interest for the delayed period.

4.

Having considered submissions advanced and pleadings in para No. 3 of the applications the delay caused in filing appeals deserves to be condoned. However, subject to rider that the applicants shall not be entitled to claim the interest for the period of delay in case their appeals are favourably decided and enhanced compensation is awarded. Appeals be registered. The civil applications are disposed of.

[ S. G. CHAPALGAONKAR, J.] bsb/June23