Lingoji S/O Havagirao Biradar (Patil)- (Died) Thr Lrs. Godawari Lingojirao Biradar And Others v. The State Of Maharashtra Thr Collector, Latur
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 940 CIVIL APPLICATION NO. 7354 OF 2022 IN FAST/24501/2020 LINGOJI HAVAGIRAO BIRADAR PATIL DIED THR LRS. GODAWARI LINGOJIRAO BIRADAR AND OTHERS
VERSUS
THE STATE OF MAHARASHTRA THR COLLECTOR, LATUR ...
Advocate for Applicant : Mr. Dhanure Bramhanand M. AGP for Respondent State : Mr. S.S. Dande ...
CORAM : S. G. DIGE, J.
DATE : 14.07.2022 PER COURT :- Heard learned counsel for the applicant and learned AGP.
2.
Learned counsel for the applicant submits that after receiving the compensation amount, applicant has preferred this appeal so there is delay for fling the appeal. Applicants are poor farmers and learned reference Court has not considered the evidence led before him. If appeal is not admitted it would cause great injustice to the appellant. He relied on Ningappa Thotappa Angadi (Dead) Through Legla Representatives Versus Special Land Acquisition Officer and Another (20202020) 1902 Suprete Court Cases 5902902m
202010 SCC OnLine SC 1611 3.
Learned AGP strongly objected for condone the delay on the ground that there is inordinate delay and no proper explanation is given for delay. I have herd both the learned counsel. The land of the applicants is acquired in the year 2005 and compensation is given in the year 2017 and after receiving the compensation applicant has preferred this appeal. The Hon'ble Apex Court in the case of Ningappa Thotappa Angadi (Dead) Through Legla Representatives Versus Special Land Acquisition Officer and Another (20202020) 1902 Suprete Court Cases 5902902m 202010 SCC OnLine SC 1611 held that while condoning the delay in case of land acquisition matter Court has to take pragmatic view. Hence I pass the following order
ORDER
The delay of 4045 days for fling appeal is condoned. Applicant shall not claim interest and statutory benefts for delayed period. Applicant shall fle undertaking in that regard. Appeal be registered.
( S.G. DIGE,) JUDGE
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