Vijayprakash Dwarkadas Rathi v. The State Of Maharashtra And ORS

8 ca.9484.19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

8 CIVIL APPLICATION NO.9484 OF 2019 IN FAST/10333/2019 VIJAYPRAKASH DWARKADAS RATHI

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Applicant : Mr. Arun H. Koralkar. AGP for Respondent/State: Mr. S. P. Deshmukh. ...

CORAM :

SHRIKANT D. KULKARNI, J.

DATE :

28th March, 2022.

P.C.:

.

It is an application for condonation of delay moved by the applicant/original claimant.

Heard Mr. Koralkar, learned counsel for applicant and Mr. S. P. Deshmukh, learned AGP for respondent Nos.1 and 2. Respondent No.3/acquiring body though duly served with notice, remained absent when the matter is called out.

There seems to be delay of 814 days in preferring the appeal. It is a case of compulsory land acquisition. The delay needs to be condoned in view of guidelines laid down by the Honourable Supreme Court in the case of Dhiraj Singh (D) Tr. Vs. Haryana State, reported in, MANU/SC/0778/2014. Hence, the following order is passed:

8 ca.9484.19.odt

O R D E R

I.

The application is hereby allowed in terms of prayer clause (A).

II.

The applicant shall furnish undertaking with the Registrar (Judicial) of this Court stating therein that he shall not claim statutory benefits and interest for the delayed period.

III.

After furnishing such undertaking by the applicant, the Registry to make scrutiny of the appeal as per the procedure and it be numbered and placed before the Court for admission.

IV.

Civil application is accordingly disposed of. [ SHRIKANT D. KULKARNI, J. ] nga