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Bombay High CourtCA/8329/2021delay condonatedrejected

Premchand Motilal Jain (Died) Thr Lrs. Eshavar And Others v. The Special Land Acquisition Officer, Minor Irri., Jalgaon And ANR

2023-07-12Hon'Ble Shri Justice Sandipkumar C. More2 pages

1 907 to 909 ca 8329-21+

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 907 CIVIL APPLICATION NO.8300 OF 2021 IN FAST/18834/2021 BADRILAL KASTURCHAND BAPHANA /JAIN (DIED) THR LRS RAJU ASHOK BAFANA/JAIN

VERSUS

THE S.L.A.O. MINOR IRRIGATION JALGAON AND ANR ...

Advocate for Applicants : Mr. A. B. Kale AGP for Respondent No.1: Mr. S. P. Tiwari ...

AND 908 CIVIL APPLICATION NO.8302 OF 2021 IN FAST/19712/2021 CHAMPALAL KASTURCHAND BAPHANA/JAIN (DIED) THR LRS SULOCHANA (DIED) THR LR.S ASHALATA

VERSUS

THE S.L.A.O. MINOR IRRIGATION JALGAON AND ANR ...

Advocate for Applicants : Mr. A. B. Kale AGP for Respondent No.1: Mr. S. N. Kendre ...

AND 909 CIVIL APPLICATION NO.8329 OF 2021 IN FAST/18758/2021 PREMCHAND MOTILAL JAIN (DIED) THR LRS. ESHAVAR AND OTHERS

VERSUS

THE SPECIAL LAND ACQUISITION OFFICER, MINOR IRRI., JALGAON AND ANR ...

Advocate for Applicants : Mr. A. B. Kale AGP for Respondent No.1: Mr. B. V. Virdhe ....

CORAM :

SANDIPKUMAR C. MORE, J.

DATED : 12/07/2023.

2 907 to 909 ca 8329-21+ P. C. :

1.

Heard rival submissions.

2.

The respective applicants are seeking condonation of delay of 4542 days in these applications, which appears to be caused due to their poor fnancial condition.

3.

The learned AGP strongly opposed the application on the ground that no reasonable cause is mentioned for condoning the delay periods. The learned counsel for the acquiring body despite appearance remained absent.

4.

However, considering the statutory right of the applicants and for the reasons stated in the applications, the applications are allowed and the delay of 4542 days mentioned in these applications stands condoned subject to condition that the applicants shall not claim any interest for the period of aforesaid delay. 5.

The appeals be placed for admission after removal of offce objections, if any.

6.

The applications are accordingly disposed of. ( SANDIPKUMAR C. MORE, J. ) VS Maind/-