Badhu Rama Rathod @ Aade (Died) Thr Lrs Gulchand Badhu Rathod @ Aade (Died) Thr Lrs Jalam And ORS v. The State Of Maharashtra Thr The S.L.A.O. Collector, Offrice Aurangabad And ANR

{1} ca15095.22.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 15095 OF 2022 IN FIRST APPEAL ST. NO. 25510 OF 2022 Badhu Rama Rathod @ Aade (died), through L. Rs.

Applicants

Versus

The State of Maharashtra & another Respondents Mrs. S. S. Pahune Patil, advocate holding for Mr. N. J. Pahune Patil, advocate for the Applicants Mr. S. W. Munde, AGP for Respondent No.1.

CORAM : SANDIPKUMAR C. MORE, J.

DATE : 04th January, 2023.

PC :

Heard rival submissions.

The applicants are seeking condonation of delay of 7943 days which appears to be caused due to their poverty. The learned AGP strongly opposed the application on the ground that the delay is inordinate and no proper explanation for causing such delay is mentioned. However, the Hon'ble Apex Court in Land Acquisition matters has observed that such matters are to be

{2} ca15095.22.odt dealt with very liberally and in one such matter, the Hon'ble Apex Court has condoned delay of more than 26 years. In view of the same and for the reasons stated in the application, the delay of 7943 days stands condoned subject to the condition that the applicants shall not claim any interest for the aforesaid period of delay. Appeal be fxed for admission after removal of offce objections, if any.

Civil Application is disposed of.

(SANDIPKUMAR C. MORE) JUDGE adb