Baburao Madhav Patil v. The Special Land Acquisition Officer Jalgaon And Another

2025:BHC-AUG:27174 1 22 ca 2900.22

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 2900 OF 2025 IN FIRST APPEAL STAMP NO. 11923 OF 2020 Ranba Laxman Talkute and others .. Applicants

Versus

The State of Maharashtra and others .. Respondents Shri Aniket R. Sawant, Advocate h/f Shri Kiran M. Nagarkar, Advocate for the Applicants.

Shri N. D. Raje, A.G.P. for the Respondent Nos. 1 and 2. CORAM : SHAILESH P. BRAHME, J.

DATE : 30TH SEPTEMBER, 2025.

FINAL ORDER :

.

Heard learned counsel for the applicants. None appears for the respondent No. 3 - acquiring body, though duly served. Learned A. G. P. appears for the respondent Nos. 1 and 2. 2.

Applicants seek to condone delay of 2042 days caused in preferring first appeal. For the reasons stated in the application the delay is sought to be condoned.

3.

Learned Assistant Government Pleader for the respondent Nos. 1 and 2 opposes the application.

4.

The averments of the application have not been

2 22 ca 2900.22 controverted by the respondents. There is nothing on record to infer that there are malafides on the part of the applicants to prefer the appeal belatedly. Applicants are the claimants who are seeking enhancement of the compensation. If the interest and statutory benefits for the delayed period is forfeited, the ends of justice would also be met.

5.

It further reveals from record that application along with first appeal were filed on 23.06.2020. The first order solicited in the application is of 01.03.2022. The applicants could have promptly removed the objections or solicited first order of issuing notices to the respondents. The lapses from 23.06.2020 to 01.03.2022 are attributable to the applicants. 6.

I find that delay deserves to be condoned, but on certain conditions. The civil application is allowed in terms of prayer clause 'B' on condition that applicants shall not be entitled to the interest and statutory benefits for the delayed period of 2042 days as well as for the period from 23.06.2020 to 01.03.2022. The civil application is disposed of.

7.

Office is directed to register the first appeal. [ SHAILESH P. BRAHME J. ] bsb/Sept. 25