Rodiba Lachchu Rathod v. the State of Maharashtra through Collector, Jalna and Ors.
Case brief
What is this about?
Condonation of delay; first appeal (FAST) against award of Reference Court under Land Acquisition Act; reference under Section 18; enhancement of compensation for compulsorily acquired land; financial duress; liberal approach to day-to-day explanation of delay; conditional condonation - undertaking not to claim interest/statutory benefit on enhanced compensation; affidavit-in-reply absent/uncontroverted; Bombay High Court Aurangabad Bench; S. G. Chapalgaonkar, J.; decision dated January 23, 2025; Maharashtra; applicants' advocate S. M. Kakde (Shubham Madhavrao Kakde); AGPs D. B. Bhange and V. S. Badakh for State/Collector, Jalna.
What did the court decide?
The Civil Applications are allowed; the delay caused in filing the appeals is condoned subject to the applicants filing an undertaking to the Registrar (Judicial) of the Court that they shall not claim interest and statutory benefit on the enhanced compensation amount in case the appeal is favourably considered; applications disposed of in those terms.