Savita Vasantrao Deshmukh And Others v. The State Of Maharashtra Through Collector, Akola And Others

caf 4099.2019.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO. 4099 OF 2019 in FIRST APPEAL (ST.) NO. 16152 OF 2019 [ Savita Vasantrao Deshmukh and ors. Vs. The State of Maharashtra and ors.] ----------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court'

s or Judge'

s Order Coram, appearances, Court'

s Orders or directions and Registrar'

s order__________________________________________________________ Shri S.V. Deshpande, Advocate for the appellants Shri H. R. Dhumale, AGP for respondent nos. 1 and 3 Ms. Neeta Gautom h/f. Shri M. V. Bute, Advocate for respondent no. 2 CORAM : M. G. GIRATKAR, J.

DATE : 04/02/2020 Heard.

Delay is of 1980 days and the same is caused due to financial difficulties.

Shri Deshpande, learned Advocate for the appellant has pointed out decision of the Hon'ble Apex Court in the case of K. Subbarayudu and others Vs. Special Deputy Collector (Land Acquisition) reported in (2017) 12 SCC

840. The Hon'ble Apex Court has held that:

"Agriculturists whose lands were acquired shall be given an opportunity to be heard on merit. Merely, on the ground of delay benefit cannot be denied. Delay can be condoned by declining the interest on the enhanced compensation".

caf 4099.2019.odt Looking to the submission, the application is allowed. Delay is condoned subject to condition that the appellants shall not be entitled for interest of delayed period of 1980 days. Appeal be registered.

FIRST APPEAL (ST.) NO. 16152 OF 2019 Heard.

Admit.

Issue notice to the respondents.

Shri Dhumale, learned AGP waives notice for respondent nos. 1 and 3.

Ms. Neeta Gautom holding for Shri M. V. Bute learned Advocate waives notice for respondent no. 2 Call R. & P.

List this appeal after receipt of R. & P.

JUDGE SMGate