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Bombay High CourtCA/11646/2023delay condonatedrejected

Kisan Yadav Naigurde v. The Special Land Acquisition Officer, J.P.1, Collectorate At Aurangabad And ANR

2023-12-06Hon'Ble Shri Justice Arun R. Pedneker2 pages

1 983

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 983 CIVIL APPLICATION NO.11646 OF 2023 IN FAST/28352/2023 KISAN YADAV NAIGURDE

VERSUS

THE SPECIAL LAND ACQUISITION OFFICER, J.P.1, COLLECTORATE AT AURANGABAD AND ANR ...

Advocate for Applicant:

Mr. D. A. Bide h/f. Mr. Sonawane Tejas Charudatta AGP for Respondent/State: Mr. R. S. Wani ...

CORAM:ARUN R. PEDNEKER, J.

DATE :06th DECEMBER, 2023 PER COURT:

1.

Heard.

2.

The learned counsel for the applicant submits that the applicant is poor agriculturist and his land is compulsorily acquired and that he was not in a position to file the appeal in time. The learned counsel further submits that the applicant would not claim interest and statutory benefit for the delayed period.

3.

The application for condonation of delay is opposed by the learned AGP.

2 983 4.

Having considered the submissions made, the delay of 1288 days is condoned, subject to the condition that the applicant would not be entitled for interest and statutory benefit for the delayed period. The civil application for condonation of delay is disposed of.

5.

The First Appeal is admitted. On admission, the learned counsel / AGP waive notice for the respective respondents. Call R & P. Office objections, if any, to be removed within a period of four (04) weeks from today.

[ARUN R. PEDNEKER, J.] marathe