Rambhau Pandurang Shinde Died Thr Lrs ... vs The State Of Maharashtra And Anr
2024 Latest Caselaw 2297 Bom

Bombay High Court

Rambhau Pandurang Shinde Died Thr Lrs ... vs The State Of Maharashtra And Anr on 24 January, 2024

2024:BHC-AUG:1674


                                                    1                905-CA 9222-2016.odt



                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                        BENCH AT AURANGABAD

                                    CIVIL APPLICATION NO. 9222 OF 2016
                                             IN FAST/8676/2016

                    Rambhau Pandurang Shinde
                    died through L.Rs.
                    Dnyanoba Rambhau Shinde
                    died through L.Rs.
                    Satyabhamabai Dnyanoba Shinde and others                    .. Applicants

                          Versus

                    The State of Maharashtra and another                        .. Respondents

                    Mr. H. B. Nandagavale, Advocate h/f Mr. V. G. Sakolkar, Advocate for
                    the Applicants.
                    Mr. S. V. Hange, AGP for Respondent No. 1.

                                            CORAM :         R. M. JOSHI, J.

                                             DATE       :   24th JANUARY, 2024.

                    PER COURT :-

                    .     This application is for condonation of delay of 2166 days caused

in filing first appeal against the judgment and award dated 06.01.2010

passed in L.A.R. No. 14/2006.

2. The applicants submit that, they resides in a remote village and

hence, could not know about the award being passed. It is contended

that, the delay is not deliberate as time was required for collecting

money for Court fees and other references.

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3. The learned A.G.P. opposes the application by contending that

the delay is not satisfactorily explained.

4. This is a case of compulsory acquisition of land belonging to the

applicants. It is right of the claimants to receive just and fair

compensation against such compensation. Unless malafides are seen,

delay for preferring the appeal against such proceeding deserves to be

condoned.

5. In the interest of justice, no malafides can be attributed to the

applicants. Hence, the application stands allowed in terms of prayer

clause (B).

6. If the applicants succeed in the appeal, the applicants shall not

be entitled to seek any interest for the above said period.

7. The civil application is disposed of.

( R. M. JOSHI, J. )

P.S.B.

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