Kanu Ramdas Rathod Died Thr Lrs Gulab Kanu Rathod and Ors. v. the State of Maharashtra through the Collector Jalna and Ors.
LAND ACQUISITION – CONDONATION OF DELAY – First appeals against Reference Court awards
Case brief
What is this about?
Bombay High Court, Aurangabad Bench (S. G. Chapalgaonkar, J., January 23, 2025): five Civil Applications (Nos. 3883, 3944, 3985, 4193 and 4807 of 2024) in First Appeals (FAST/682/2024, FAST/766/2024, FAST/6643/2024, FAST/3409/2024, FAST/6640/2024) by land-acquisition claimants (Rodiba Lachchu Rathod; Kanu Ramdas Rathod died thr. LRS Gulab Kanu Rathod and ors; Shriram Soma Adhe; Kamalbai Bhimrao Chavan; Kalpanabai Vishwantah Rthod) versus the State of Maharashtra through Collector, Jalna and ors - condonation of delay in filing appeals against Reference Court awards under the Land Acquisition Act following references under Section 18 - delay condoned on a liberal view despite absence of day-wise explanation, conditioned on an undertaking to the Registrar (Judicial) not to claim interest or statutory benefit on enhanced compensation. Keywords: condonation of delay; Land Acquisition Act; Section 18 reference; Reference Court award; enhancement of compensation; financial duress; affidavit-in-reply; undertaking to Registrar (Judicial); liberal approach.