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Bombay High CourtCA/7529/2022admittedallowedgrantedrule absolute

Ishwar Dagdu Sable v. The Special Land Acquisition Officer, K.K.D.C. Aurangabad And ANR

2025-03-28Hon'Ble Shri Justice Neeraj P. Dhote2 pages

2025:BHC-AUG:9269 906-CA-7529-2022.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 906 CIVIL APPLICATION NO. 7529 OF 2022 IN FAST/7647/2020 ISHWAR DAGDU SABLE

VERSUS

THE SPECIAL LAND ACQUISITION OFFICER, K.K.D.C. AURANGABAD AND ANR ....

Mr. A. M. Hajare, Advocate for the Applicant Mr. D. J. Patil, AGP for Respondent No.1 - State ....

CORAM : NEERAJ P. DHOTE, J.

DATE : 28.03.2025 PER COURT :- 1.

This is an Application for condonation of 2034 days delay caused in preferring the First Appeal challenging the Judgment and Award passed by the Reference Court. It is submitted by the learned Advocate for the Applicant that sufficient reasons are shown for not approaching this Court within the stipulated time and Application be allowed. He submits that the Applicant is ready to give undertaking that for the delayed period he shall not be entitled for the interest and the statutory benefits under the Act.

2.

The Application is opposed by the learned AGP for

(( 2 )) 906-CA-7529-2022 State. He submitted that, no sufficient reasons are shown in the Application and the Application be dismissed. 3.

The Applicant has given sufficient reasons in paragraph Nos. 2 and 3 of the Application. Hence, for the reasons stated in the Application, the Application is allowed in terms of prayer Clause 'B', subject to the condition that the Applicant/Appellant shall not be entitled for the statutory benefits and the interest for the delayed period.

4.

The copy of this order be kept in the order-sheet of the Appeal Memo.

[ NEERAJ P. DHOTE, J.] HRJadhav