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2019 Supreme(Bom) 1926

A.S.CHANDURKAR
Pralhad Rambhau Dhole – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
For the Appellant :R.J. Shinde, Advocate.
For the Respondents: M. Naik, Asstt. Government Pleader.

ORDER :

A.S. Chandurkar, J.

1. By this application, it is prayed that the delay in filing the appeal under Section 54 of the Land Acquisition Act, 1894 be condoned. In the application, it has been stated that the Reference Court passed its award on 1-11-1991. In the meanwhile the original claimant had expired and the applicants are his legal heirs. First Appeal No. 269/1998 was decided by this Court in which the claimants were held entitled for compensation @ Rs. 65,000/- per hectare. It is stated that as the applicants herein are similarly situated, they are entitled to receive the similar compensation. On getting knowledge of the aforesaid award, the applicants applied for certified copy on 24-10-2016 which was received on 11-11-2016. The appeal has been filed thereafter.

2. In support of the application, Shri R.J. Shinde, learned Counsel for the applicants by relying upon the decisions in Dhiraj Singh vs. Haryana State and Ors., 2014 (14) SCC 127 and Imrat Lal and others vs. Land Acquisition Collector and others, 2014 (9) SCALE 446 submitted that the delay in filing the appeal deserves to be condoned if necessary by putting the applicants to reasonable terms. Such terms could also

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