NARAYAN RAJARAM WANI DIED THR. LRS. AVINASH NARAYAN NAWARKAR AND ORS v. THE SPECIAL LAND ACQUISITION OFFICER, DHULE AND ANR
CA/11834/2024 · 2025-01-16
Shri S G Chapalgaonkar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 29187 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 29187 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
1 ca 11834.24.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 49 CIVIL APPLICATION NO. 11834 OF 2024 IN FAST/26915/2024 Narayan Rajaram Wani Died Thr. Lrs. Avinash Narayan Nawarkar And Ors VERSUS The Special Land Acquisition Officer, Dhule And Anr ... Advocate for Applicants : Mr. Kale Ajeet B. AGP for Respondents : Mr. D B Bhange CORAM : S. G. CHAPALGAONKAR, J. Dated : January 16, 2025 PER COURT :-
1. Heard Ms. Sakshi h/f Mr. A.B. Kale, learned advocate appearing for the applicants. The applicants seeks to condone the delay of 621 days caused in filing the appeal against the award passed by the Reference Court in LAR No.270 of 2011.
2. It appears that land of the claimants have been acquired by the respondents under Award dated 31.07.2010 passed under section 11 of the Land Acquisition Act. The applicants feeling aggrieved by the compensation determined filed Reference under section 18 of the Act. Learned Reference Court partly allowed the reference under the impugned award dated 1.10.2022. Present appeal is filed seeking further enhancement. The applicants explains the delay in paragraph nos.2 to 4 of the application. Reasons of poor financial condition and non-acquaintance of the procedure of law is given. The applicants have not derived any advantage by making the delay. Since applicants are litigating for just 2025:BHC-AUG:1418
2 ca 11834.24.odt compensation towards their acquired land, liberal approach needs to be adopted. In that view of the matter, case is made out to condone the delay. Hence, following order.
O RD E R i. The application is allowed. ii. The delay of 621 days caused in filing the first appeal is condoned. CA disposed off. iii. Appeal be registered, subject to removal of the office objections.
( S. G. CHAPALGAONKAR, J. ) … aaa-