← Library
Bombay High CourtCA/11283/2021delay condonatedrejected

Bhanudas Tukaram Panchal (Died) Thr Lrs Satyawan And ORS v. The State Of Maharashtra Thr The Collector, Latur And ANR

2022-09-13Hon'Ble Shri Justice Sandipkumar C. More2 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 941 CIVIL APPLICATION NO.11283 OF 2021 IN FAST/23659/2021 BHANUDAS TUKARAM PANCHAL (DIED) THR LRS SATYAWAN AND ORS

VERSUS

THE STATE OF MAHARASHTRA THR THE COLLECTOR, LATUR AND ANOTHER ...

Advocate for Applicants : Mr. Kendre N.D.

AGP for Respondent - State : Mr. S. R.

Yadav - Lonikar Advocate for Respondent No. 2 : Mr.

Tandale Pradeepkumar R.

...

CORAM : SANDIPKUMAR C. MORE, J.

DATE : 13.09.2022 PER COURT :

.

Heard. The applicants are seeking condonation of huge delay of 4540 days which appears to be caused due to their poor financial condition and lack of legal knowledge and also due to late receipt of compensation amount in the year 2021.

2.

The learned AGP as well as learned counsel for respondent No. 2- Acquiring Body strongly opposed the application on the ground that no proper explanation about the delay is there. The learned counsel for respondent No. 2 has also filed reply wherein it is mentioned that the Honourable Supreme Court has held that there

should be proper reasons mentioned in the delay condonation application. However, the Honourable Supreme Court has also held in many of its judgments that the delay applications in land acquisition matters are required to be dealt liberally. 3.

In view of the above and for the reasons mentioned in the application, the delay of 4540 days stands condoned subject to condition that applicants shall not claim any interest for the aforesaid period of delay.

4.

The appeal be placed for admission after removal of office objections, if any.

5.

Application is accordingly disposed of.

(SANDIPKUMAR C. MORE) JUDGE .....

shp/-