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Bombay High CourtCA/6909/2013disposed offdismissed for default

Tulshiram Shankar Patil v. The Special Land Acquisition Offcer, Medium Irrigation Project Dhule And Another

2015-11-26Hon'Ble Shri Justice A.M. Badar3 pages

1 CA 6909/13 & Ors

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 6909 OF 2013 Tulshiram Shankar Patil APPLICANT V E R S U S The Special Land Acquisition Officer, Medium Irrigation Project Dhule & another NON-APPLICANTS WITH CIVIL APPLICATION NO. 6906 OF 2013 Raghunath Hiralal Patil APPLICANT V E R S U S The Special Land Acquisition Officer, Medium Irrigation Project Dhule & another NON-APPLICANTS WITH CIVIL APPLICATION NO. 6907 OF 2013 Dhanrj Hiralal patil APPLICANT V E R S U S The Special Land Acquisition Officer, Medium Irrigation Project Dhule & another NON-APPLICANTS WITH

2 CA 6909/13 & Ors CIVIL APPLICATION NO. 6908 OF 2013 Hiralal Ukha Patil APPLICANT V E R S U S The Special Land Acquisition Officer, Medium Irrigation Project Dhule & another NON-APPLICANTS WITH CIVIL APPLICATION NO. 6910 OF 2013 Jankubai Tulshiram Patil APPLICANT V E R S U S The Special Land Acquisition Officer, Medium Irrigation Project Dhule & another NON-APPLICANTS Mr. C.R. Deshpande, Advocate for the Applicants Mr. B.V. Virdhe, A.P.P. for Respondent No.1 - State CORAM : A.M. BADAR, J.

DATE : 26th NOVEMBER, 2015 PER COURT :

1.

These are applications are for condonation of delay of about 900 days in lodging the appeal under Section 54 of the Land Acquisition Act. Applications are by original claimants. 2.

Heard the learned counsel for Applicants. The learned A.G.P. appears for the State. None for the acquiring authority. In order to show

3 CA 6909/13 & Ors his bonafides, the learned counsel for the applicants submits that he is willing to file undertaking before this Court within a period of four weeks from today to the effect that Applicants shall not claim any statutory benefit for the period of appeal.

3.

Perused the averments made in the applications. Those are not countered by filing counter affidavit. Hence, considering the bonafide conduct shown by applicants in waiving the statutory benefit for the period of appeal and keeping in mind the averments in the applications, the delay occasioned in filing appeals is condoned. Applicants to submit undertaking within four months from today before this Court. Applications accordingly disposed of.

( A.M. BADAR ) JUDGE srm/26/11/2015