Vilas Trambak Rane v. The Special Land Acquisition Officer, U.T.P.H-1, Jalgaon And ANR

917 922.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 917 CIVIL APPLICATION NO. 12936 OF 2017 IN FAST/31611/2017 VILAS TRAMBAK RANE

VERSUS

THE SPECIAL LAND ACQUISITION OFFICER, U.T.P.H-1, JALGAON AND ANR WITH 922 CIVIL APPLICATION NO. 12963 OF 2017 IN FAST/31054/2017 SHAKUNTALABAI KASHINATH MAHAJAN

VERSUS

THE SPECIAL LAND ACQUISITION OFFICER, U.T.P.H. -1 JALGAON AND ANR ...

Advocate for Applicant : Mr. Kshirsagar Hemraj P. AGP for Respondent No. 1 : Mr. A.M. Phule.

Advocate for Respondents No. 2 : Mrs. Chaitali Kutti.

CORAM

: K. L. WADANE, J.

DATE :

11th October, 2017 ORDER:

1.

These are the applications for condonation of 3981 and 3866 days delay respectively for filing appeals against the impugned judgment and Award. 2.

Perused the contents of the applications. It appears that the applicants were prevented from certain causes such as financial constrain. Therefore, they were unable to prefer the appeals within prescribed period of limitation.

3.

Learned counsels appearing for the respondents have opposed the application, as the delay has not been explained satisfactorily.

1/2

917 922.odt 4.

In view of the submissions made by the respective counsels and in view of the observations of Supreme Court in the case of Ramanlal Deochand Shah v/s. State of Maharashtra, and another, reported in AIR 2013 SC 3452, the applications for condonation of delay are allowed. Delay caused in filing the appeals is hereby condoned. The applicants shall not be entitled for the amount of interest, other statutory benefits for the period for which the delay is sought to be condoned.

5.

In view of the above, the delay caused in filing the appeals is hereby condoned. Civil application are accordingly disposed of.

6.

First Appeal be registered. After registration of Appeals, issue notice to the respondents. The learned counsels appearing for the respondents waives service of notice for the respondents.

7.

Call record and proceedings.

(K. L. WADANE, J.) mkd 2/2