Vithal Digambar Mapari v. The Collector Aurangabad Through The Special Land Acquisition Officer, Jp.1, Auragangabad And ANR

2023:BHC-AUG:26167

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 948 CA/11905/2023 IN FAST/29648/2023 VITHAL DIGAMBAR MAPARI VS THE COLLECTOR AURANGABAD THROUGH THE SPECIAL LAND ACQUISITION OFFICER, JP.1, AURAGANGABAD AND ANR ...

Advocate for Applicants : Mr. Mr. D.A. Bide h/f. Mr. T.C. Sonawane AGP for Respondent 1/State : Mr. N.S. Tekale ...

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 appellant/claimant alongwith applications for condonation of delay of 534 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 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 534 days caused in filing the appeal is condoned. The delay condonation application is allowed, subject to condition that the appellant shall not be entitled for 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/