Union Of India Through The General Manager Central Railway vs. Kisan S/O Bala Khole

Final Order

Court:Bombay High Court (Aurangabad Bench)

Judge:Hon'ble Rohit W. Joshi

Case Status:Admitted

Order Date:7 Mar 2025

CNR:HCBM030464492023

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925-ca-654-2024.KK

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

Union Of India Through The General Manager Central Railway VERSUS Ranuji S/o Balaji Khole

… Advocate for Applicant : Mr. Talhar Ajay G. AGP for Respondent/s-State : Mr. S. P. Joshi

…

WITH CIVIL APPLICATION NO. 658 OF 2024 WITH CIVIL APPLICATION NO. 659 OF 2024 IN FAST/35084/2023

…

CORUM	:	ROHIT W. JOSHI, J.
DATE	:	th MARCH, 2025<br>7

There is a delay of 1344 to 1345 days in filing these First Appeals by original petitioners in land acquisition case. Having regard to the fact that the matter pertains to Land Acquisition Act and the land owners are entitled to get appropriate compensation, I am inclined to condone the delay.
However, at the same time it will be inequitable to fasten liability on the State and Acquiring body of interest for the period of delay. Some cost will also have to be imposed having regard to the delay caused. In that view of the matter, the applications for condonation of delay are allowed, subject to cost of Rs. 5000/- payable to Chairman, Library Committee, Advocates' Association of Bombay High Court, Bench at Aurangabad. Time of six weeks is granted to deposit the cost.
In addition to this it is directed that the appellants land owners will not be entitled to claim any interest on the amount on compensation i.e. Market value of the acquired property and statutory benefits for the period of delay. Civil applications are disposed of.

KS_Kamble/