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2025 DAILYLAW 29710 (BOM)

MANGA BISTA BHIL v. THE DEPUTY COLLECTOR, (LAND ACQUISITION) NO.1, MEDIUM IRRIGATION PROJECT DHULE AND ORS

CA/12065/2024 · 2025-01-29

Shri S G Chapalgaonkar

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Judgment text

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(1) 40-ca-12064-2024 & ors..odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 12064 OF 2024 IN FAST/27782/2024 GAJENDRA NATHESING GIRASE VERSUS THE DEPUTY COLLECTOR, (LAND ACQUISITION) NO.1, MEDIUM IRRIGATION PROJECT DHULE AND ORS ... Mr. Yash S. Pareek h/f Mr. Ajeet B. Kale, Advocate for Applicants. Mr. V. S. Badakh, AGP for Respondents-State. ... WITH CIVIL APPLICATION NO. 12067 OF 2024 IN FAST/27777/2024 SURATSING MALESING GIRASE (DIED) THR. LRS DARBARSING SURATSING GIRASE VERSUS THE DEPUTY COLLECTOR, (LAND ACQUISITION) NO.1, MEDIUM IRRIGATION PROJECT DHULE AND ORS WITH CIVIL APPLICATION NO. 12065 OF 2024 IN FAST/27779/2024 MANGA BISTA BHIL VERSUS THE DEPUTY COLLECTOR, (LAND ACQUISITION) NO.1, MEDIUM IRRIGATION PROJECT DHULE AND ORS … CORAM : S. G. CHAPALGAONKAR, J. DATED : 29th JANUARY, 2025. P.C.:- 1. Heard the learned Advocate appearing for the applicants. 2. By these applications, the applicants seek to condone the delay of 766 days caused in filing the present Appeals against the Award passed by the Reference Court. 2025:BHC-AUG:2669 (2) 40-ca-12064-2024 & ors..odt 3. Inspite of service of notice of these applications, none appears for respondent no.2. 4. The applicants state that applicants are rustic persons and do not possess knowledge of legal proceedings. They were under financial duress. Therefore, could not file present Appeals. 5. The statement made in the applications is not controverted by the respondents. 6. The applicants are pursuing their claim for just compensation for acquired lands. Looking to the nature of litigation, delay deserves to be condoned by putting certain conditions. Hence, following order: ORDER a. Civil Applications are allowed. b. Delay of 766 days caused in filing present Appeals is hereby condoned subject to condition that applicants file undertaking to the Registrar (Judicial) of this Court that they shall not claim interest and statutory benefit for the delayed period, in case their Appeals are favourably considered for grant of enhanced compensation. c. Appeals be registered subject to removal of office objections. d. Civil Applications are disposed of. (S. G. CHAPALGAONKAR) JUDGE Devendra/January-2025