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Bombay High CourtCA/5843/2022admittedallowedgrantedrule absolute

Sukhdev Mughaji Sonawane v. Special Land Acquisition Officer, (B And C), Jalna

2025-03-19Hon'Ble Shri Justice Neeraj P. Dhote2 pages

1 935CA5843.2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD.

935 CIVIL APPLICATION NO. 5843 OF 2022 IN FAST/33604/2019 Sukhdev Mughaji Sonawane

VERSUS

Special Land Acquisition Officer, (b And C), Jalna ...

Ms Dr. Anagha Pedgaonkar h/f Mr. Gajanan K. Kshirsagar - Advocate for Applicant Mr. D. J. Patil - AGP for Respondent/State ...

CORAM : NEERAJ P. DHOTE, J.

DATED : 19TH MARCH 2025 PER COURT : - 1.

This is an Application for condonation of 1235 days delay caused in filing the Appeal by the Claimants against the Judgment and Award passed by the learned Reference Court in the Land Acquisition proceedings.

2.

Learned AGP waives service for Respondent Nos. 1 and 2. 3.

Learned Advocate for the Applicant submits that the Applicant being the poor person was prevented from approaching this Court within a stipulated period due to his financial condition. Hence, the Application be allowed.

4.

The Application is opposed by the learned AGP. He submits that no sufficient reasons are shown in the Application. He submits that, in SG Punde

2 935CA5843.2022.odt the event this Court allows the Application, the Applicant shall not be entitled for the interest and the statutory benefit for the said period. 5.

On hearing both sides and after going through the Application, the Application is allowed in terms of prayer clause ' B' for the reasons mentioned in paragraph nos. 2, 3 and 4 on the condition that the Applicant shall not be entitled for the interest and the statutory benefit for the said delayed period.

[NEERAJ P. DHOTE] JUDGE Signed by: Sandeep Gulabrao Punde Designation: PS To Honourable Judge Date: 21/03/2025 18:12:58 SG Punde