Babareao Deorao Hambarde (Died) Thr Lrs Kalavatibai (Died) Thr Lrs Shobhabai And ORS v. The Collector Nanded And ANR

(1) 905 CA-4336.2020.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 905 CIVIL APPLICATION NO.4336 OF 2020 IN FAST/35372/2018 BABAREAO DEORAO HAMBARDE (DIED) THROUGH LRS KALAVATIBAI (DIED) THR LRS SHOBHABAI AND OTHERS

VERSUS

THE COLLECTOR NANDED AND ANOTHER ...

Mr. Sonaji K. Adkine, Advocate for the applicants. Mr. S.N. Kendre, A.G.P. for respondent Nos.1 and 2. ...

CORAM :

SANDIPKUMAR C. MORE, J.

DATED :

3rd January 2023.

ORDER:- 1.

Heard the rival submissions. The applicants are seeking condonation of huge delay of 7551 days, which appears to be caused due to death of father and brother of the present applicants. The learned A.G.P. strongly opposed the application on the ground that there is also circulation delay. 2.

Though the delay is inordinate and the reason mentioned for the same is not proper, but the Hon'ble Apex Court has cautioned that the delay condonation applications specially in land acquisition matters, be dealt liberally. In view of the same and considering the statutory right of the applicants, the application is allowed and the delay of 7551 days stands condoned subject to condition that the applicants

(2) 905 CA-4336.2020.odt shall not claim any interest for the aforesaid period of delay and also for the delay in circulating the matter belatedly. 3.

The appeal be placed for admission after removal of office objections, if any.

4.

The application stands disposed of.

(SANDIPKUMAR C. MORE, J.) vd_dhirde