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Bombay High CourtCA/6551/2023delay condonatedrejected

Ramesh Ganpat Dolas v. The State Of Maharashtra

2023-09-06Hon'Ble Shri Justice Arun R. Pedneker2 pages

1 ca 6551.2023

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 938 CIVIL APPLICATION NO.6551 OF 2023 IN FAST/10648/2023 RAMESH GANPAT DOLAS

VERSUS

THE STATE OF MAHARASHTRA ...

...

Advocate for Applicants:

Mr. Jayabhar Dattatraya R.

AGP for Respondent/State: Mr. K. N. Lokhande ...

CORAM :ARUN R. PEDNEKER, J.

DATE :06th SEPTEMBER, 2023 PER COURT:

1.

The present first appeal is filed along with application for condonation of delay of 1356 days. The learned counsel for the applicant / petitioner submits that the applicant / petitioner is poor agriculturists who work on daily wages in his village and he is illiterate. He has lost his land in the compulsory acquisition and that he has no other independent source of income. He has received the enhanced compensation.

2 ca 6551.2023 2.

The learned counsel for the applicant / petitioner further submits that in an identical fact situation arising out of the similar land acquisition proceedings this court has condoned similar days of delay, on the condition that the applicants would not be entitled for any interest for the delayed period.

3.

In view of the above submissions, the delay is condoned, subject to the condition that the applicant / petitioner would not be entitled for any interest for the delayed period. The civil application for condonation of delay is disposed of.

4.

The first appeal is admitted.

5.

Office objections, if any, to be removed within a period of four (04) weeks.

[ARUN R. PEDNEKER, J.] marathe