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Bombay High CourtCA/1003/2014disposed offdismissed for default

Pandurang Laxman Patil Died Lrs. Ashok Laxman Patil And ORS v. The Special Land Acquisition Officer And Another

2019-08-02Hon'Ble Smt. Justice Vibha Kankanwadi2 pages

1004-ca-1003-14.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 1004 CIVIL APPLICATION NO.1003 OF 2014 IN FAST/33212/2013 PANDURANG LAXMAN PATIL DIE LRS. ASHOK LAXMAN PATIL AND ORS

VERSUS

THE SPECIAL LAND ACQUISITIN OFFICER AND ANOTHER ...

Advocate for Applicants : Mr. Kale Ajeet B.

AGP for Respondents/State : Mr. P.M. Kulkarni ...

CORAM : SMT. VIBHA KANKANWADI, J.

DATE : 2nd AUGUST, 2019.

ORDER :

.

Issue notice to the respondents. Learned AGP waives notice for respondents-State and Special Land Acquisition Officer. 2.

Present application has been filed by the original claimants for getting the delay of 1072 days condoned in filing first appeal. The original claimants intend to challenge the judgment and award passed by the learned reference Court. Learned AGP representing the respondents-State have strong objection on the ground that the delay has not been properly explained. 3.

Taking into consideration the fact that the claimant is farmer, whose land has been acquired and since he is coming from rural area, delay stands condoned.

1004-ca-1003-14.doc 4.

Civil Application stands allowed and disposed of accordingly.

5.

It is clarified that the applicant will not be entitled to get interest of 1072 days in case of success in the appeal. 6.

Registry to verify and register the first appeal and place it for further consideration on 17.10.2019. ( Smt. Vibha Kankanwadi, J. ) Shubham/