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2025 DAILYLAW 10484 (BOM)

SAMPAT RAOSAHEB CHAVAN v. THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR JALNA AND ORS.

CA/4968/2024 · 2025-04-04

Shri S G Chapalgaonkar

body2025

Judgment text

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1 ca 4793.24.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 909 CIVIL APPLICATION NO. 4793 OF 2024 IN FAST/3695/2024 Kausabai Sampat Chavan VERSUS The State Of Maharashtra Through Collector Jalna And Ors … AND 60 CIVIL APPLICATION NO. 4968 OF 2024 IN FAST/5701/2024 Sampat Raosaheb Chavan VERSUS The State Of Maharashtra Through The Collector Jalna And Ors. … Advocate for Applicant : Mr. G.L. Deshpande AGP for Respondents : Mr. V S Badakh CORAM : S. G. CHAPALGAONKAR, J. Dated : April 04, 2025 PER COURT :- 1. Heard Mr. Deshpande, learned counsel appearing for the applicant. 2. The applicant/s seek to condone the delay caused in filing the appeal/s against the Award passed by the Reference Court. Applicants are the agriculturists. Due to compulsory acquisition of land, they lost their agricultural lands. Hence, filed reference for enhancement of the compensation, which has been decided by the impugned order dated 9.5.2017. 3. Perusal of the application/s shows that delay in filing the present application/s alongwith the appeal has been caused on 2025:BHC-AUG:10081 2 ca 4793.24.odt account of illiteracy and financial duress of the applicant. Learned advocates appearing for the applicant/s, on instructions, submits that applicant/s is ready to waive the interest and statutory benefit, if the delay is condoned. 4. Considering the submissions advanced and reasons as stated in the application/s, same deserves to be allowed. Hence, following order. ORDER i. Civil Applications are allowed. ii. The delay caused in filing the appeal/s is condoned subject to condition that applicant/s files an undertaking to the satisfaction of the Registrar (Judicial) of this Court that he shall not claim interest and statutory benefits for the delayed period, in case, his appeal for enhancement is favourably considered and allowed. iii. Undertaking to be filed within a period of six weeks from today. iv. Civil applications stand disposed of. ( S. G. CHAPALGAONKAR, J. ) ... aaa-