Gulab Dalapat Vanjari v. Collector, Dhule And Others

2023:BHC-AUG:25518 93-CA-5402-23

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 93 CIVIL APPLICATION NO.5402 OF 2023 IN FAST/21146/2022 GULAB DALAPAT VANJARI

VERSUS

COLLECTOR, DHULE AND OTHERS ...

Advocate for Applicant : Mr. I.K. Wagh h/f Mr. More Kumar Gaurav M.

AGP for Respondent Nos.1 and 2 : Ms. M.L. Sangit ...

CORAM :ARUN R. PEDNEKER, J.

DATE :04.12.2023 P.C. :

A] ORDER IN APPLICATION FOR DELAY 1] Heard.

2] The first appeal is filed along with application for condonation of delay of 4987 days.

3] Learned AGP waives service for respondent Nos.1 and 2. Respondent No.3 though served, none appears.

4] Learned counsel for the applicant submits that the applicant is poor agriculturists and his land is compulsorily acquired. He further submits that the

93-CA-5402-23 applicant would not claim interest and statutory benefit for the delayed period.

5] Learned AGP has strongly opposed the application for condonation of delay.

6] Heaving heard the learned counsel for the parties, I deem it appropriate to condone the delay of 4987 days in filing the first appeal, subject to condition that the applicant would not be entitled to interest and statutory benefit for the delayed period.

7] The civil application stands disposed of.

B] ORDER IN FIRST APPEAL 1] The first appeal is admitted.

2] On admission, the learned AGP waives service of notice for respondent Nos. 1 and 2.

3] Call R. & P.

4] Office objections, if any to be removed with a period of four (04) weeks from today [ARUN R. PEDNEKER] JUDGE S.P.Rane