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2025 DAILYLAW 12063 (BOM)

THE EXECUTIVE ENGINEER AND OTHERS v. JAYSING AMBADAS SHINDE

CA/3282/2023 · 2025-02-26

Shri Rohit W Joshi

body2025

Judgment text

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1 930-condonation of delay.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD. 930 CIVIL APPLICATION NO. 3274 OF 2023 IN/AND FAST/3093/2023 THE EXECUTIVE ENGINEER AND OTHERS VERSUS GOVIND GOPAL SHINDE … WITH CIVIL APPLICATION NO. 3276 OF 2023 IN/AND FAST/7913/2023 THE EXECUTIVE ENGINEER AND OTHERS VERSUS NILKANTH HARISCHANDRA SHINDE … WITH CIVIL APPLICATION NO. 3288 OF 2023 IN/AND FAST/7917/2023 THE EXECUTIVE ENGINEER AND OTHERS VERSUS BANKAT RAMA SHINDE … WITH CIVIL APPLICATION NO. 3286 OF 2023 IN/AND FAST/7925/2023 THE EXECUTIVE ENGINEER AND OTHERS VERSUS SHRIRANG RAMA SHINDE … WITH CIVIL APPLICATION NO. 3284 OF 2023 IN/AND FAST/7936/2023 THE EXECUTIVE ENGINEER AND OTHERS VERSUS DATTATRAYA BHUJANGRAO DESHPANDE 2 930-condonation of delay.odt … CIVIL APPLICATION NO. 3282 OF 2023 IN/AND FAST/7956/2023 THE EXECUTIVE ENGINEER AND OTHERS VERSUS JAYSING AMBADAS SHINDE … WITH CIVIL APPLICATION NO. 3280 OF 2023 IN/AND FAST/7959/2023 THE EXECUTIVE ENGINEER AND OTHERS VERSUS GAJRNDRA SHANKAR SHINDE … WITH CIVIL APPLICATION NO. 3278 OF 2023 IN/AND FAST/7964/2023 THE EXECUTIVE ENGINEER AND OTHERS VERSUS RAOJI GANOBA SHINDE DIED THR LRS BALWANT RAOJI SHINDE … WITH CIVIL APPLICATION NO. 3290 OF 2023 IN/AND FAST/7967/2023 THE EXECUTIVE ENGINEER AND OTHERS VERSUS DUSHANT VITHALRAO SHINDE … WITH CIVIL APPLICATION NO. 3292 OF 2023 IN/AND FAST/7971/2023 THE EXECUTIVE ENGINEER AND OTHERS VERSUS VISHWANATH APPARAO SHINDE … 3 930-condonation of delay.odt WITH CIVIL APPLICATION NO. 3294 OF 2023 IN/AND FAST/7974/2023 THE EXECUTIVE ENGINEER AND OTHERS VERSUS HEERABAI HARISCHANDRA SHINDE DIED THROUGH LRS PRATAP HARISCHANDRA SHINDE … WITH CIVIL APPLICATION NO. 3296 OF 2023 IN/AND FAST/7978/2023 THE EXECUTIVE ENGINEER AND OTHERS VERSUS MURLIDHAR PANDUTANG SHINDE DIED THROUGH LRS MANGLABAI MURLIDHAR SHINDE … Advocate for Applicant : Mr. Patil Ruturaj C. Advocate for Respondents : Mr. Kendre Namdev D … CORAM : ROHIT W. JOSHI, J. DATE : 26th FEBRUARY, 2025 P.C.: 1. These applications are filed by the acquiring body seeking condonation of delay in filing First Appeals under Section 54 of the Land Acquisition Act, 1894. All the Appeals arise out of Land Acquisition Reference Cases which relate to the same Section-4 notification and award passed by the Land Acquisition Officer. The applications are therefore being considered together. 4 930-condonation of delay.odt 2. There is a delay of around 200-250 days in filing applications for condonation of delay. The delay attributed to procedural aspects in obtaining sanctions and other formalities in filing Appeal and also on account of difficulty in obtaining Court Fees. The land owners have not filed replies opposing the application. 3. In view of the reasons mentioned in the application, although the application is strongly opposed by the land owners in my considered opinion since public money is involved, the delay is deserves to be condoned in the interest of justice. 4. Needless to mention that the entire amount along with accrued interest is deposited by the appellant acquiring body with this Court and as such this takes care of the equities to be balanced in the matter. 5. The application is allowed. Delay is condoned. APPEALS : 6. Admit. 7. Learned Advocate Mr. N. D. Kendre waives notice for respondent- claimant. 8. Call record and proceeding. [ROHIT W. JOSHI J.] Narwade/