2024:BHC-AUG:16619
( 1 )
ca10071.23
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
24 CIVIL APPLICATION NO. 10071 OF 2023 IN FAST/14717/2023
OSMAN IMAMSAB
VERSUS
THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR NANDED AND ORS
25 CIVIL APPLICATION NO. 10072 OF 2023 IN FAST/15759/2023
SANJAY BAPURAO JADHAV
VERSUS
THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR NANDED AND ORS
26 CIVIL APPLICATION NO. 10073 OF 2023
IN FAST/15764/2023
VENKATRAO BAPURAO JADHAV
VERSUS
THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR NANDED AND ORS
27 CIVIL APPLICATION NO. 10092 OF 2023 IN FAST/14787/2023
BAPURAO MANIKRAO JADHAV
VERSUS
THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR NANDED AND ORS
29 CIVIL APPLICATION NO. 10095 OF 2023 IN FAST/14788/2023
BAPURAO MANIKRAO JADHAV
VERSUS
THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR NANDED AND ORS
30 CIVIL APPLICATION NO. 10097 OF 2023 IN FAST/14728/2023
VILAS BAPURAO JADHAV
VERSUS
THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR NANDED AND ORS
31 CIVIL APPLICATION NO. 10098 OF 2023 IN FAST/14724/2023
GANPAT TULSHIRAM
VERSUS
THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR NANDED AND ORS
32 CIVIL APPLICATION NO. 10099 OF 2023 IN FAST/14721/2023
MUBARAK HASANSAAB
VERSUS
THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR NANDED AND ORS
Mr.Ashish B. Shinde, Advocate for the applicants.
Mr.S.C. Arora and Ms. R.D. Reddy, Advocate for the respondent-Acquiring Body in the
respective matters.
Ms.M.L. Sangit, AGP for the respondent/State in Sr. No.24 & 32.
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ca10071.23
Ms.A.S. Mantri, AGP for the respondent/State in Sr. No.25.
Mr.D.B. Bhange, AGP for the respondent/State in Sr. No.26.
Mr.A.M. Phule, AGP for the respondent/State in Sr. No.27.
Ms.M.N. Ghanekar, AGP for the respondent/State in Sr. No.29.
Mr.S.K. Shirse, AGP for the respondent/State in Sr. No.30.
Mr.V.M. Chate, AGP for the respondent/State in Sr. No.31.
CORAM : KISHORE C. SANT, J.
DATE : 31.07.2024
PC :-
01. These applications are filed for condonation of delay caused
in filing the appeals. The delay is ranging from 1117 days to 5848 days.
All these appeals are filed by the claimants whose land came to be
acquired by the Acquiring Body, for enhancement of the compensation.
The learned Advocate for the applicants points out order dated
19.07.2023 passed by this Court in Civil Application No. 13227 of 2021
condoning delay of 4992 days for filing the appeals. It is submitted that
the said Civil Application arises from the same acquisition proceeding.
02. The applications are opposed by the learned Advocate
appearing for the Acquiring Body and the learned AGP.
03. Considering that the appeals are filed by the claimants, this
Court is inclined to allow the applications on certain conditions. Hence,
following order :-
ORDER
(i) Civil Application No. 10071 of 2023, Civil Application
No. 10072 of 2023, Civil Application No. 10073 of 2023 and
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ca10071.23
Civil Application No. 10097 of 2023 are allowed to subject to
costs of Rs.5500/- (Rupees Five Thousand Five Hundred)
each, to be deposited in the office of High Court Legal
Services Sub-Committee, Aurangabad, within four weeks
from today.
(ii) Civil Application No.10099 of 2023 is allowed subject to
costs of Rs.2500/- (Rupees Two Thousand Five Hundred) to
be deposited in the office of High Court Legal Services Sub-
Committee, Aurangabad, within four weeks from today.
(iii) Civil Application No. 10092 of 2023, Civil Application
No. 10095 of 2023 and Civil Application No. 10098 of 2023
are allowed subject to costs of Rs.1500/- (Rupees One
Thousand Five Hundred) each, to be deposited in the office of
High Court Legal Services Sub-Committee, Aurangabad,
within four weeks from today.
(iv) The applicants shall not be entitled to receive interest
for the delayed period on the enhanced amount of
compensation in case the appeals are allowed and the
applicants shall file an undertaking to that effect.
[KISHORE C. SANT, J.]
snk/2024/JUL24/ca10071.23