The Executive Engineer, Patbandhare Project, Omerga And Others v. Govind Baburao Patil

18-CA-1640-2022

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 1640 OF 2022 IN CROSS-OBJECTION (ST) NO. 24901 OF 2020 WITH CA/9165/2015 IN FA/1158/2017 GOVIND BABURAO PATIL

VERSUS

THE EXECUTIVE ENGINEER PATBHANDARE PROJECT OMERGA AND OTHERS ...

Mr. V.V. Ingale - Advocate for Applicant Mr. A.B. Chate - Advocate for Respondents, State ....

CORAM : SANDIPKUMAR C. MORE, J.

DATE : 10th April, 2023 PER COURT :

1.

Heard rival submissions.

2.

The applicant is seeking condonation of delay of 513 days, which appears to be caused due to his poor financial condition.

3.

The learned counsel for the acquiring body and the learned A.G.P. strongly opposed the application on the ground that, delay is not properly explained.

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18-CA-1640-2022 4.

However, considering the statutory right of the applicant and for the reasons stated in the application, the application is allowed and the delay of 513 days in filing the crossobjections stands condoned subject to condition that, the applicant shall not claim any interest for the period of aforesaid delay on enhanced compensation, if granted. 5.

The cross-objections be registered after removal of office objections, if any.

6.

The application is accordingly disposed of.

CIVIL APPLICATION NO. 9165 OF 2015 7.

Since the appellant - acquiring body has deposited entire amount of compensation alongwith the interest, the application is made absolute in terms of prayer clause 'B' and disposed of.

[ SANDIPKUMAR C. MORE ] JUDGE Pooja K.

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