Shri. Nathu Bapurao Somase v. State Of Maharashtra Through The Special Land Acquisition Officer And ANR.

11-ASIA-2936-2019.DOC Gaikwad RD

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.2936 OF 2019 IN FIRST APPEAL (ST) NO. 29520 OF 2019 Shri. Nathu Bapurao Somase ...Applicant In the Matter Between:

Shri. Nathu Bapurao Somase ...Appellant

Versus

State of Maharashtra & Anr.

...Respondents

Mr. Kush M. Lahankar, i/b. Mr. S. R. Ganbavale, for the Applicant. Ms. Tanaya Goswami, AGP, for the Respondents-State.

CORAM

Dr. Neela Gokhale, J.

DATED:

10th January 2024 PC:- 1.

The application seeks condonation of delay in preferring the first appeal assailing the judgment and order passed by the Civil Judge, Senior Division, Malegaon. The delay is of 4 years and 223 days.

2.

Reasons for delay are enumerated in paragraph 8 of the application. Considering the averments in the said paragraph and the fact that the Applicant is a farmer seeking enhancement of amount of compensation awarded to him on the grounds that the 10th January 2024

11-ASIA-2936-2019.DOC Special Land Acquisition Officer failed to consider the geographical location of the property, I find that there is sufficient cause to grant indulgence and condone the delay.

3.

The delay of 4 years 223 days in preferring the first appeal is condoned. The application is allowed.

(Dr. Neela Gokhale, J) Digitally signed by RAJU DATTATRAYA GAIKWAD Date:

2024.01.11 19:31:57 +0530 RAJU DATTATRAYA GAIKWAD 10th January 2024