Gurubakshsingh Harnamsingh Siledar v. The State Of Maharashtra, Thr The S.L.A.O., Thr The Sub-Divisional Officer, Vaijapur And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 947 CA/11894/2023 IN FAST/29500/2023 GURUBAKSHSINGH HARNAMSINGH SILEDAR VS THE STATE OF MAHARASHTRA, THR THE S.L.A.O., THR THE SUBDIVISIONAL OFFICER, VAIJAPUR AND ANR ...

Advocate for Applicants : Mr. Mr. D.A. Bide h/f. Mr. T.C. Sonawane AGP for Respondent 1/State : Mrs. M.L. Sangit ...

CORAM : ARUN R. PEDNEKER, J.

DATED : 13/12/2023 PER COURT :

1.

Heard the learned counsel for the parties. The present appeal is filed by the appellants/claimants alongwith application for condonation of delay of 281 days caused in filing the appeal.

2.

The learned counsel for the claimant/appellant submits that the claimant is poor, his land is compulsorily acquired, he has lost his livelihood and meager amount of compensation is granted to him. Due to financial difficulty, he could not file appeal in time. He further submits that the delay is not intentional and occurred due to the reasons beyond his control. The learned counsel for the appellant/claimant further submits that the claimant will not claim 50% of the statutory benefits and interest for the delay period caused in filing the appeal.

3.

For the reasons stated in the application and in view of the statement made by the learned counsel for the appellant, the delay of 281 days caused in filing the appeal is condoned. As the delay is only of 281 days, the delay condonation application is allowed, subject to condition that the appellant shall not be entitled for 50% of the interest and statutory benefits for the delayed period.

4.

Appeal is admitted.

5.

After admission, the learned AGP waives service of notice for respondent No. 1/State.

[ARUN R. PEDNEKER J.] ssc/