Surendrasing Krushnasing Raghuwanshi v. The Special Land Acq. Officer-Ii, Nandurbar And ANR

10978.12ca (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 10978 OF 2012 IN FIRST APPEAL (ST) NO. 13334 OF 2012 Surendrasing Krushnasing Raghuwanshi, Age: 45 years, Occ: Agriculture, R/o. Tokartale, Tq. & Dist. Nandurbar.

..APPLICANT

VERSUS

The Special Land Acquisition Office-II, Nandurbar, Tq. & Dist. Nandurbar & anr.

..RESPONDENTS Mr P. D. Bachate, Advocate for applicant;

Mr S. M. Ganachari, A.G.P. for respondent No.1; Mr S. S. Chillarge, Advocate for respondent No.2 CORAM : PRASANNA B. VARALE & S. M. GAVHANE,JJ.

DATE : 10th AUGUST, 2018 ORAL ORDER :

Heard Mr. Bachate, learned Counsel appearing for the applicant.

2.

This is an application seeking condonation of delay caused in filing the appeal. Learned Counsel for the applicant submits that land of the applicant/appellant was acquired and meager compensation is awarded to him. The applicant

10978.12ca (2) though was interested to challenge the order by the Reference Court, due to financial constraints, was unable to approach the Counsel immediately and to take necessary steps. After seeking financial assistance by raising hand loans from relatives, the applicant could make necessary arrangements to take steps. As such, Mr Bachate, learned Counsel submitted that delay caused in filing the appeal is unintentional and for bona fide reasons.

3.

Learned A.G.P. appearing for respondent No.1 and Mr Chillarge, learned Counsel appearing for respondent No.2 opposed the application.

4.

Though Counsel for respondents opposed the application, for the reasons stated in the application and in view of submissions of Mr Bachate, learned Counsel, delay is condoned. Civil Application is allowed and disposed of.

(S. M. GAVHANE) (PRASANNA B. VARALE) JUDGE JUDGE Tupe