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Bombay High CourtCAF/2174/2019allowed

Medsing S/O Maroti Pawar (Since Deceased) Thr. Lrs. Sahebrao Medsing Pawar And Others v. The State Of Maharashtra Through Collector, Pusad, Yavatmal And Others

2021-07-12Hon'Ble Smt. Justice Pushpa V. Ganediwala2 pages

35 caf2174.19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (F) NO.2174 OF 2019 IN FIRST APPEAL STAMP NO. 23113 OF 2018 Medsing s/o Maroti Pawar (dead) through LRs Sahebrao Medsing Pawar and others Vs.

State of Maharashtra, through Collector, Yavatmal and others _______________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court'

s orders of directions Court'

s or Judge'

s orders.

and Registrar'

s Orders.

Shri V.N. Patre, Advocate for applicant.

Shri M.A. Kadu, A.G.P. for non-applicant nos.1 and 3. CORAM : PUSHPA V. GANEDIWALA, J.

DATE : 12 th JULY, 2021.

This is an application for condonation of delay in filing the appeal.

(2) For the reasons mentioned in the application, which are found to be satisfactory and in view of decision of the Hon'ble Supreme Court in the case of K. Subbarayudu and others Vs. The Special Deputy Collector (Land Acquisition) reported in 2017 (12) SCC 840, the delay of 7883 days is condoned in order to do substantial justice to the farmers and to bring these farmers at par with similarly situated farmers who had received enhanced compensation in the same notification.

(3) Consequently, the application is allowed and disposed of. Appeal be registered.

FIRST APPEAL NO.________ OF 2021.

(4) Heard.

(5) ADMIT.

35 caf2174.19.odt (6) Shri Kadu, learned A.G.P. waives service of notice for respondent nos.1 and 3.

(7) Call for record and proceedings.

JUDGE Wagh