Mr. Pradeep Gajanan Patil v. The State Of Maharashtra Through The Special Land Acquisition Officer

Megha 56_caf_1571_2019.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1571 OF 2019 WITH CIVIL APPLICATION NO.1572 OF 2019 IN FIRST APPEAL (STAMP) NO.33437 OF 2018 Pradeep Gajanan Patil ...Applicant

Versus

The State of Maharashtra through the Special Land Acquisition Officer

...Respondent

.....

Mr. Sachin Punde for the Applicant.

Mr. Y.Y. Dabke, AGP for the Respondent -State. CORAM : SMT. ANUJA PRABHUDESSAI, J.

DATED: 11th JUNE, 2019.

P.C.:- By this application the Applicant has sought to condone the delay of 4 years and 31 days in preferring the first appeal. 2.

Heard the learned counsel for the Applicant and the learned AGP for the Respondent-State. Perused the records. 3.

The Appellant has sought to challenge the judgment and award dated 2nd May, 2014 passed in Land Acquisition Reference No.42 of 2013 under Section 28(a) (3) of the Land Acquisition Act. Megha 1/2

Megha 56_caf_1571_2019.doc The reasons stated in paragraph Nos.3 and 4 of the application indicate that the Applicant was unable to file appeal within time due to financial constrains. It is also stated that the Applicant is an illiterate agriculturist and was not aware that appeal had to be filed within stipulated time of 90 days.

4.

The above reasons in my considered view constitute sufficient grounds, hence the application is allowed. Delay is condoned.

5.

The first appeal be registered. Mr. Y.Y. Dabke, the learned AGP waives service of notice on behalf of the Respondent -State. Stand over to 25/6/2019 for admission.

(SMT. ANUJA PRABHUDESSAI, J.) Megha 2/2