Gangubai Damu Mali (Died) Thr. Lrs Gajanan Damu Mali And ORS v. The Special Land Acquision Officer, Minor Irrigation, Jalgaon And ORS

2025:BHC-AUG:12830 86-ca-368-2025.odt (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 368 OF 2025 IN FAST/32745/2024 Hari Totaram Patil (died) Thr. Ashok Hari Patil And Ors

VERSUS

The Special Land Acquision Officer, Minor Irrigation, Jalgaon And Ors WITH CIVIL APPLICATION NO. 371 OF 2025 IN FAST/32742/2024 WITH CIVIL APPLICATION NO. 369 OF 2025 IN FAST/32747/2024 WITH CIVIL APPLICATION NO. 370 OF 2025 IN FAST/32749/2024 ...

Advocate for Applicants : Mr. Yash Parek h/f Mr. Kale Ajeet B. AGP for Respondent/State : Mr. D.B. Bhange Advocate for Respondent No.2 : Mr. Subhash Chillarge Advocate for Respondent No.4 : Mr. Sandesh R. Patil ...

CORAM : S.G. CHAPALGAONKAR, J.

DATED : APRIL 30, 2025 PER COURT :

1.

Heard learned advocate appearing for applicants. 2.

The applicants seek to condone delay of 2675 and 2655 days caused in filing appeals.

3.

Perused applications and reasons as stated therein. The applicants are litigating for getting just compensation towards acquired land. The learned advocate appearing for applicants submits that they are ready to waive interest and statutory benefit for delayed period.

4.

Learned AGP opposed the applications.

5.

Considering submissions advanced and law laid down by Supreme Court of India in case of Suresh Kumar Vs. State of Haryana

86-ca-368-2025.odt (2) and Ors.1, delay of 2675 and 2655 days caused in filing appeals is condoned and appeals be registered subject to condition that applicants file an undertaking to the satisfaction of Registrar (Judicial) of this Court that they shall not claim interest and statutory benefits for the delayed period, in case, their appeals for enhancement are favourably considered by this Court. Such an undertaking to be filed within a period of eight weeks from today and shall be made part of Appeal compilation.

6.

Civil Applications stand disposed of.

(S.G. CHAPALGAONKAR, J.) Mujaheed// 2025 INSC 550.