Malhari Satwa Ingole (Dead) Through Lrs. Smt. Nirajalabai Malhari Ingole And Others v. The State Of Maharashtra Through Collector, Yavatmal And Others

926-fast-7177-20.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR Civil Application No. 2034 of 2021 in First Appeal St. No. 7177 of 2020 Malhari Satwa Ingole (dead) through his legal heirs Smt. Nirajalabai Malhari Ingole and others

Versus

The State of Maharashtra, through the Collector, Yavatmal and others Office Notes, Office Memoranda of Court' s or Judge'

s Order Coram, appearances, Court'

s Orders or directions and Registrar'

s order Shri V.N. Patre, Advocate for the Appellants. Shri Harshal Dubey, AGP for the respondent nos.1 and 3. CORAM : SMT. ANUJA PRABHUDESSAI, J.

DATE : 7 th JANUARY, 2022.

By this application, the Applicants have sought to condone the delay of 615 days in filing the appeal under Section 54 of the Land Acquisition Act, 1894.

2.

Shri Patre, learned counsel for the Applicants states that the Applicants shall not claim interest for the delayed period i.e. 615 days. The respondent no.2/acquiring body has not controverted the statement made in the application despite due service of notice. Learned AGP has no objection for condoning the delay. In the light of the said statement and in view of the reasons SKNair

926-fast-7177-20.odt stated in the application, the delay is condoned. The civil application is disposed of.

3.

Appeal be registered after removing office objections, if any.

First Appeal Stamp No. 7177 of 2020 4.

Heard.

5.

Admit.

6.

Call for the record and proceedings.

7.

Shri Harshal Dubey, learned AGP waives service of notice on behalf of Respondent nos. 1 and 3. 8.

Issue notice to the Respondent No.2.

9.

Private paper-book to be filed within six months.

(SMT. ANUJA PRABHUDESSAI, J.) by SACHINDANAND K NAIR Date: 2022.01.10 17:52:14 +0530 SACHINDANAND K NAIR SKNair