Jalindar Ashok Gaikwad v. The State Of Maharashtra And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 909 CIVIL APPLICATION NO.1385 OF 2020 IN FAST/4775/2019 JALINDAR ASHOK GAIKWAD

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for Applicant : Mr. Mr. A.R. Shinde and Mr. Rodge Suresh N.

AGP for Respondents - State : Mr.S. R.

Yadav - Lonikar ...

CORAM : SANDIPKUMAR C. MORE, J.

DATE : 12.08.2022 PER COURT :

.

The applicant is seeking condonation of delay of 222 days in filing first appeal against award dated 29.03.2018 in L.A.R. No.608/2010. The applicant claims that since his entire land was acquired, he had to shift in search of alternate work and therefore could not file the appeal within time.

2.

The learned AGP strongly opposed the application and in the alternative submits that if the delay is condoned, the interest for the delay period and also for the period spent in late circulation, should not be allowed.

3.

In view of the same, the application stands allowed and the delay of 222 days stands condoned subject to condition that the applicant shall not claim any interest for the aforesaid delay and also for the period spent in late circulation of the matter. The application is accordingly disposed of.

4.

The appeal be placed for admission after removal of office objections, if any.

(SANDIPKUMAR C. MORE) JUDGE .....

shp/-