Pandurang Shrawan Kawale (Dead0 Thr. Lrs. Tejrao S/O Pandurang Kawale And Others v. The State Of Maharashtra, Thr. The Collector, Nagpur And Others

1/2 16.caf.444.2025 in fast.24327.2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO. 444 OF 2025 IN FIRST APPEAL (ST) NO. 24327 OF 2024 (Pandurang Shrawan Kawale (dead) through L.Rs. V/s The State of Maharashtra & Ors.) Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. S. V. Ingole, Advocate h/f Mr. P. K. Dhomne, Advocate for Appellant.

Mr. M. A. Kadu, Advocate for Respondent No.3. Ms. H. S. Dhande, AGP for Respondent Nos.1 & 2/ State.

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CORAM

: ROHIT W. JOSHI, J.

DATE : FEBRUARY 11, 2025.

CIVIL APPLICATION (CAF) NO. 444 OF 2025 .

By the present Application, Applicants/Appellants are seeking condonation of 2259 days delay in filing Appeal under Section 54 of the Land Acquisition Act, 1894. 2.

The learned Counsel for Respondent No.3 opposes the Application. However, since the claim pertains to the acquisition of land, delay is condoned in the interest of justice, subject to condition that the Appellant will not be entitled for interest for the delayed period on the amount of compensation i.e. market value and statutory benefits for the period of delay. The condition imposed takes care of interest of the Respondent No.3. 3.

The Civil Application stands disposed of accordingly.

2/2 16.caf.444.2025 in fast.24327.2024.odt 4.

The First Appeal be registered.

FIRST APPEAL (ST) NO. 24327 OF 2024 .

Heard. Admit. Call R & P.

2.

Ms. Dhande, the learned AGP waives service of notice on behalf of the Respondent Nos.1 and 2 and Mr. Kadu, learned Counsel, waives service of notice on behalf of the Respondent No.3.

(ROHIT W. JOSHI, J.) vijaya Signed by: Mrs. V.G. Yadav Designation: PA To Honourable Judge Date: 12/02/2025 11:39:16