The State Of Maharashtra Thr The ... vs Pralhad Tulshiram Muskawad And ...
2021 Latest Caselaw 16773 Bom

                                                         C.A. No.8942/2021 with
                                                                connected C.As.
                                       :: 1 ::



           IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                               BENCH AT AURANGABAD


                 CIVIL APPLICATION NO.8942 OF 2021 IN
                  FIRST APPEAL ST. NO.21251 OF 2021


 The State of Maharashtra & anr.                      ... APPLICANTS

          VERSUS

 Janardhan s/o Pundlik Muskawad & anr. ... RESPONDENTS

                              .......
 Mr. S.S. Dande, A.G.P. for applicants
 Mr. S.V. Gundre, Advocate for respondent No.1.
                              .......

                                        AND

              CA NO.8944/2021 IN FA ST. NO.21244/2021,
              CA NO.8940/2021 IN FA ST. NO.20919/2021
                               .....

                                  CORAM :        R. G. AVACHAT, J.

                                  DATE :         3rd DECEMBER, 2021
 PER COURT :


                  Heard.        There is delay of 2379 days in filing the

appeals. It, however, appears that, the Reference Court has

awarded interest from the date of notification under Section 4

of the Land Acquisition Act and not from the date of award.

The same is in breach of the Full Bench judgment in case of

State of Maharashtra Vs. Kailash Shiva Rangari [ 2016(3)

Mh.L.J. 457 ]. In view of the same, the applications are

C.A. No.8942/2021 with connected C.As.

:: 2 ::

allowed. Delay condoned. Appeals be registered.

2. After registration of appeals, issue notice to

respondents returnable on 25th February 2022. Notice shall

be for hearing the appeals finally at admission stage on the

next date. Mr. Gundre, learned counsel waives service for

respondent No.1.

3. It is informed that, the respondent No.1 Pralhad

Tulshiram Muskawad in Civil Application No.8940/2021 has

passed away pending the applications. Learned counsel for

the appellant to note and take necessary steps to bring on

record legal representatives of the deceased respondent No.1.

4. Call for record and proceedings.

( R. G. AVACHAT ) JUDGE

fmp/-