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Bombay High CourtCA/12985/2022delay condonatedrejected

Dhaku Dashrath Mahale (Died) Thr Lrs. Sudam Dhaku Mahale And Others v. The State Of Maharashtra, Through The Special Land Acquisition Officer, (M.I.P.), Dhule And Others

2022-09-14Hon'Ble Shri Justice Sandipkumar C. More2 pages

(1) 911 CA-12985.2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 911 CIVIL APPLICATION NO.12985 OF 2022 IN X-OBJST/19909/2022 WITH CA/6226/2015 IN FA/3936/2019 DHAKU DASHRATH MAHALE (DIED) THROUGH LRS. SUDAM DHAKU MAHALE AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA, THROUGH THE SPECIAL LAND ACQUISITION OFFICER, (M.I.P.), DHULE AND OTHERS ...

Mr. A.B. Kale, Advocate for the applicants.

Mr. A.A. Jagatkar, A.G.P. for respondent No.1. Mr. Chetan Jadhav, Advocate for respondent No. 2. ...

CORAM :

SANDIPKUMAR C. MORE, J.

DATED :

14.09.2022.

ORDER:- 1.

The applicants are seeking condonation of delay of 928 days in fling Cross Objection which appears to be caused due to fnancial crisis since they received the compensation amount belatedly. The learned Counsel for Acquiring Body strongly opposed the application.

2.

However, considering the statutory right of the applicants for claiming enhancement under Cross Objection and for the reasons stated in the application, the delay of 928 days stands condoned subject to condition that the applicants shall not claim any interest for such delay period if any

(2) 911 CA-12985.2022.odt enhancement is granted.

3.

The application accordingly stands disposed of. 4.

The Cross Objection be registered after removal of offce objections, if any.

(SANDIPKUMAR C. MORE, J.) vd_dhirde