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Bombay High CourtCA/5243/2020delay condonatedrejected

Sudam Manik v. The Special Land Acuisition Officer, Jaikwadi Project - 1 Aurangabad And ANR

2023-01-31Hon'Ble Shri Justice Sandipkumar C. More2 pages

1 935 ca 5243-20

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 935 CIVIL APPLICATION NO.5243 OF 2020 IN FAST/12724/2019 SUDAM MANIK

VERSUS

THE SPECIAL LAND ACUISITION OFFICER, JAIKWADI PROJECT- 1 AURANGABAD AND ANR ...

Advocate for Applicant : Mr. B. K. Pawar h/f Mr. A. M. Hajare AGP for Respondent No.1: Mr. A. B. Chate Advocate for Respondent No.2 : Ms. Asha D. Sherkhane ....

CORAM : SANDIPKUMAR C. MORE, J.

DATED : 31/01/2023.

P. C. :

1.

Heard rival submissions.

2.

The applicant is seeking condonation of delay of 2610 days, which appears to be caused due to his fnancial crisis. The learned counsel for the acquiring body strongly opposed the application on the ground that there is circulation delay and no proper reason is given for condonation of delay. She pointed out that the learned reference court has already granted a huge amount of compensation. She pointed out that delay is of more than 7 years.

3.

However, the Hon'ble Apex Court in number of judgments, has already held that the delay applications, specially in land acquisition applications, are dealt liberally.

2 935 ca 5243-20 The applicant is ready to waive the interest for the delay period and also for circulation delay. In view of the same, the delay of 2610 days stands condoned subject to condition that the applicant shall not claim any interest for the aforesaid period of delay and also for delay in circulating the matter belatedly. 4.

The appeal be placed for admission after removal of offce objection, if any.

5.

Application is accordingly disposed of.

( SANDIPKUMAR C. MORE, J. ) VS Maind/-