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Bombay High CourtCAO/1/2017disposed off

Smt. Lalita Atmaram Mhatre And ORS. v. The State Of Maharashtra Thr. Special Lan Acquisition Officer

2017-01-27Hon'Ble Shri Justice M.S. Sonak2 pages

skc 912-ca-1-17.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 01 OF 2017 IN CROSS OBJECTION (STAMP) NO. 14555 OF 2016 IN FIRST APPEAL NO. 531 OF 2015 Smt. Lalita Atmaram Mhatre & Ors.

..

Applicants In the matter between :

The State of Maharashtra ..

Appellant vs.

Smt. Lalita Atmaram Mhatre & Ors.

..

Respondents Mr. Hemant Ghadigaonkar for Applicants.

Mr. Yogesh Dabke - AGP for State.

CORAM : M. S. SONAK, J.

DATE: 27 JANUARY 2017 P.C :

1] Heard learned counsel for the parties.

2] The appeal against the impugned award at the behest of the State Government is already admitted.

3] There is delay of 242 days on the part of the applicants, whose lands have been acquired, in instituting the cross objection against the very same award. The reasons for such delay have been substantially explained in the civil application. The applicants have stated that since they are the agriculturists, they could not arrange for money for payment of court fees. Some time was 1/2

skc 912-ca-1-17.doc required to contact the Advocate at Mumbai and to prepare the cross objections. These are sufficient reasons and therefore, the delay of 242 days in instituting the cross objections is condoned. 4] Mr. Dabke, learned AGP submits that some costs may be imposed. This is not a fit case for imposition of any costs and therefore this request cannot be accepted.

5] Civil application is disposed of.

(M. S. SONAK, J.) Chandka 2/2