Laxmibai Namdeo Borchate (Dead) Thr. Lrs. Ratnakala Motiram Nande And Others v. The State Of Maharashtra, Thr. The Collector, Yavatmal And Others

1/1 19.caf.3082.2024 in fast.19346.2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO. 3082 OF 2024 IN FIRST APPEAL (ST) NO. 19346 OF 2024 (Laxmibai Namdeo Borchate (dead) through L.Rs. & Ors. 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. J. A. Malnas, Advocate h/f Mr. I. M. Ghongade, Advocate for Appellants.

Mr. T. M. Zaheer, Advocate for Respondent No.3. Ms. Shreya Bhagat, Advocate h/f Mr. P. R. Agrawal, Advocate for L.Rs. of Respondent Nos.4.

Mr. M. A. Kadu, AGP for Respondents/State.

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CORAM

: ROHIT W. JOSHI, J.

DATE : FEBRUARY 20, 2025.

.

By the present Application, Applicants/Appellants are seeking condonation of 5201 days delay in filing Appeal under Section 54 of the Land Acquisition Act, 1894. 2.

The 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 Appellants will not be entitled for interest 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. (ROHIT W. JOSHI, J.) vijaya Signed by: Mrs. V.G. Yadav Designation: PA To Honourable Judge Date: 24/02/2025 10:45:37