Bebi Wd/O Keshao Zade And Others v. State Of Maharashtra Thr. Its Secretary, Ministry Of Urban Development Department, Mumbai And ORS

25caf40.2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO. 40/2022 IN FIRST APPEAL STAMP NO. 9152/2021 Bebi Wd/o Keshao Zade And Others Vs State Of Maharashtra Thr. Its Secretary, Ministry Of Urban Development Department, Mumbai And Ors Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Mr S.J.Parate, counsel for the applicants/appellants. Mr M.A. Kadu, AGP for the Non-applicant Nos. 1,4 and 5. CORAM : URMILA JOSHI-PHALKE, J.

DATED : 31/03/ 3.

1.

Heard.

2.

The application is for condonation of delay on the ground that as the land of the applicants were acquired by the Government under the compulsory acquisitions and the Land Acquisition Officer has not awarded the adequate compensation amount therefore, he preferred the reference petition.

3.

The learned reference Court has also awarded inadequate compensation. However, the applicants were not aware about the legal provisions and therefore, the delay is caused.

4.

In view of the reasons mentioned in the application, delay of 804 days is condoned, subject to the waiver of the interest for the said delayed period.

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25caf40.2022.odt Civil application is disposed of.

First Appeal St. No. 9152/2021 1.

First Appeal be registered.

2.

Admit.

3.

Mr M.A. Kadu, learned AGP waives service of notice on behalf of non-applicant Nos. 1,4 and 5.

4.

Call for record and proceedings.

5.

Appellants to file private paper-book within a period of ten weeks after receipt of record and proceedings. 6.

Appeal be placed before the Court after filing of private paper-book and its verification.

7.

Issue notices to the respondent Nos. 2 and 3 on merit.

JUDGE Signed By:RAJESH K NANDURKAR rkn