Kamalabai Tulshiram Khatik Thr. His Lrs. Prakash S/O Tulshiram Khatik And Others v. The State Of Maharashtra, Thr. The Collector, Yavatmal And Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION [CAF] NO.3664 OF 2024 IN FIRST APPEAL ST. NO.21374 OF 2024 [Kamalabai Tulshiram Khatik and others .vs. The State of Maharashtra and others] - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. S.V. Ingole, Advocate for Applicants.

Ms. R.V. Sharma, AGP for Respondent Nos.1 and 2. Mr. M.A. Kadu, Advocate for Respondent No.3.

..........

CORAM : SANJAY A. DESHMUKH, J.

DATE : 14 th DECEMBER, 2024.

1.

This is an application for leave to file appeal through legal representatives.

2.

Perused the application.

3.

For the reasons mentioned in the application, the application is allowed as prayed. The application is disposed of. Civil Application St. No.21377/2024 1.

This is an application for condonation of delay of 3176 days caused for filing the first appeal. 2.

Perused the application.

3.

Heard the learned advocate for both sides.

4.

Learned advocate for the applicants submitted that the applicants are old aged agriculturists having no knowledge of law and procedure. They came to know that some of the farmers/agriculturists of their village got enhanced amount of compensation for their acquired lands and, therefore, they filed this application for condonation of delay. He pointed out the precedential law of Imrat Lal and others .vs. Land Acquisition Collector and others, reported in (2014) 14 SCC 133. He stated

2 39caf3664.24.odt that the delay is not deliberately caused. It is lastly prayed to allow the application.

5.

Learned AGP for respondent nos.1 and 2 and learned advocate for respondent no.3 strongly opposed the application as there is no any reason to condone the delay. 6.

On perusal of the application, it appears that the applicants are old aged agriculturists having no knowledge of law and procedure. They came to know that some of the farmers/agriculturist of the village got enhanced amount of compensation for their acquired lands. Thus, it appears that the delay is not deliberately caused. In view of the law laid down by the Supreme Court in case of Imratlal Lal (cited supra), the application deserves to be allowed.

7.

The application is allowed in the interest of justice. The delay of 3176 days caused for filing the first appeal is hereby condoned. It is clarified that the applicants are not entitled for the interest for the delayed period, if the appeal is allowed, in view of precedential of law of New Okhla Industrial Development Authority .vs. Rameshwar @ Ramesh Chandra Sharma, reported in 2019 SCC OnLine SC 1611.

8.

The application is allowed and disposed of.

9.

Appeal be registered.

First Appeal St. No.21374/2024 1.

Heard.

2.

Issue notice to the respondents.

3.

Learned AGP waives notice for respondent nos.1 and 2 and learned advocate waives notice for respondent no.3. 4.

By consent, stand over to 18.12.2024.

(SANJAY A. DESHMUKH, J.) Gulande