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Bombay High CourtCA/3376/2022admittedallowedgrantedrule absolute

Popat Shrihari Sathe v. The Special Land Acquisition Officer, Jaikwadi Pro. No.1, Aurangabad And ANR

2025-02-27Hon'Ble Shri Justice Sandipkumar C. More2 pages

2025:BHC-AUG:5558 926 CA 3376-2022

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 926 CIVIL APPLICATION NO. 3376 OF 2022 IN FIRST APPEAL (ST) NO. 31529 OF 2019 POPAT SHRIHARI SATHE

VERSUS

THE SPECIAL LAND ACQUISITION OFFICER JAIKWADI PROJECT NO.1 AURANGABAD AND ANOTHER ...

Mr. Akash E. Madne h/f. Mr. A.M. Hajare - Advocate for Applicant Mr. D.J. Patil - AGP for Respondent No.1, State ....

CORAM : SANDIPKUMAR C. MORE, J.

DATE : 27.02.2025 PER COURT :

1.

Heard rival submissions.

2.

The applicant is seeking condonation of delay of 2764 days in filing First Appeal, which appears to be caused due to his poor financial condition.

3.

Learned A.G.P. strongly opposed the application on the ground that no reasonable cause is mentioned for condoning the delay. The acquiring body despite service remained absent. However, considering the statutory right of the applicant the delay of 2764 days stands condoned subject to cost of Rs.4,500/- to be paid to the 1/2

926 CA 3376-2022 Registry of this Court for utilization of High Court Dispensary, Bench at Aurangabad within two weeks. It is made clear that, the applicant shall not claim interest and statutory benefits for the aforesaid period of delay.

4.

After deposit of cost the appeal be placed for admission after removal of office objections, if any.

5.

The application is accordingly disposed of.

[ SANDIPKUMAR C. MORE ] JUDGE Pooja Kale 2/2