Dnyanoba Madhavrao Zol v. The State Of Maharashtra And Others

1008-ca-6475-13 (delay).doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 1008 CIVIL APPLICATION NO.6475 OF 2013 IN FAST/12755/2013 DNYANOBA MADHAVRAO ZOL

VERSUS

THE STATE OF MAHARASHTRA AD OTHERS ...

Advocate for Applicant : Mr. Sachin Joshi h/f Mr. Yadav Santosh R. AGP for Respondents/State : Mr. A.M. Phule Advocate for Respondent No.3 : Absent.

...

CORAM : SMT. VIBHA KANKANWADI, J.

DATE : 30th AUGUST, 2019 ORDER :

.

Heard Mr. Sachin Joshi holding for Mr. Yadav and learned AGP for respondent Nos.1 and 2. Learned Advocate for Respondent No.3 is absent.

2.

Present application has been filed by the claimant for getting the delay of 1614 days condoned in filing first appeal. He intends to challenge the judgment and award passed by the learned reference Court which had allowed his petition under Section 18 of the Land Acquisition Act partly.

1008-ca-6475-13 (delay).doc 3.

Though there is strong opposition on the part of the State to condone the delay, yet it is to be noted that the original claimant is aged about 60 years and he is coming from rural area, his land has been acquired. Under such circumstance, liberal approach is taken, delay stands condoned.

4.

Civil Application stands allowed and disposed of accordingly. 5.

It is made clear that the claimant will not be entitled to get interest for 1614 days in case of success to his appeal. 6.

Registry to verify and register the first appeal and place it for further consideration on 08.01.2020.

(SMT. VIBHA KANKANWADI, J.) SCM