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Bombay High CourtCA/4171/2021disposed off

Shaikh Mukomuddin Shaikh Hisamuddin v. The Special Land Acquisition Officer, Minor Irrigation Jalgaon And ANR

2023-06-09Hon'Ble Shri Justice Sandipkumar C. More2 pages

927-CA-4152-2021 & 928

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 927 CIVIL APPLICATION NO. 4152 OF 2021 IN FIRST APPEAL (ST) NO. 10536 OF 2020 SHAIKH HARUN SHAIKH KADAR

VERSUS

THE SPECIAL LAND ACQUISITION OFFICER MINOR IRRIGATION JALGAON AND ANOTHER AND 928 CIVIL APPLICATION NO. 4171 OF 2021 IN FIRST APPEAL (ST) NO. 10530 OF 2020 SHAIKH MUKOMUDDIN SHAIKH HISAMUDDIN

VERSUS

THE SPECIAL LAND ACQUISITION OFFICER MINOR IRRIGATION JALGAON AND ANOTHER ...

Ms. Kirti Deshpande h/f. Mr. M.M. Bhokarikar - Advocate for Applicant Mr. P.M. Kulkarni and Mr. A.B. Chate - AGP's for Respondent Nos.1 and 2, State ....

CORAM : SANDIPKUMAR C. MORE, J.

DATE : 9th June, 2023 PER COURT :

1.

Heard rival submissions.

2.

The respective applicants are seeking condonation of delay periods mentioned in these applications, which appear to be caused due to their poor financial condition. Pooja K.

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927-CA-4152-2021 & 928 3.

The learned A.G.P. strongly opposed the application on the ground that, there is no reasonable cause mentioned for condoning the delay periods. The acquiring body though served but remained absent.

4.

However, considering the statutory right of the applicants and for the reasons stated in the applications, the applications are allowed and the delay periods mentioned in these applications stand condoned subject to condition that the applicants shall not claim any interest for the period of aforesaid delay.

5.

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

6.

The applications are accordingly disposed of. [ SANDIPKUMAR C. MORE ] JUDGE Pooja K.

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