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2025 DAILYLAW 14984 (BOM)

SHAIKH BABA SHAIKH AMIN AND ORS v. THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR JALNA AND ORS.

CA/7460/2024 · 2025-04-17

Shri S G Chapalgaonkar

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Judgment text

Extracted from the PDF above. The PDF is authoritative.

907.odt (1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 7460 OF 2024 IN FAST/10420/2024 Shaikh Baba Shaikh Amin And Ors VERSUS The State Of Maharashtra Through The Collector Jalna And Ors. ... Advocate for Applicants : Mr. S.M. Kakade AGP for Respondent/State : Mr. V.S. Badakh ... CORAM : S.G. CHAPALGAONKAR, J. DATED : APRIL 17, 2025 PER COURT : 1. Heard Mr. Kakade, learned advocate appearing for the applicants. 2. The applicants seek to condone delay of 1718 days caused in filing the appeal against award passed by the Reference Court under the provisions of Land Acquisition Act. Applicants have lost their agricultural lands due to compulsory acquisition. Applicants were inadequately compensated by the Land Acquisition Officer. Hence, they filed reference seeking enhancement of compensation under Section 18 of the Land Acquisition Act. Same has been partly allowed. Applicants are aggrieved by assessment of compensation. Hence, seeks to file first appeal. The stipulations from paragraph no.2 onwards explains the delay. The delay is occasioned on account of financial duress suffered by them. The applicants have not derived 2025:BHC-AUG:11102 907.odt (2) any advantage by making such delay. Considering the nature of litigation and fact that claimants are litigating for getting just compensation towards acquired land, delay can be condoned by putting certain conditions. 3. In that view of the matter, civil application is allowed. Delay of 1718 days caused in filing the appeal is condoned, subject to condition that the applicants file an undertaking to the satisfaction of Registrar (Judicial) of this Court that, in case, enhanced compensation is granted in appeal, they shall not claim interest and statutory benefits for the period of delay. Such an undertaking to be filed within a period of eight weeks from today. It shall be made part of compilation of appeal. 4. Application stands disposed of. (S.G. CHAPALGAONKAR, J.) Mujaheed//