Anjanabai Bhiva Sable v. The State Of Maharashtra Thr The Collector, Osmanabad And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 65 CIVIL APPLICATION NO.6747 OF 2023 IN FAST/33339/2022 ANJANABAI BHIVA SABLE

VERSUS

THE STATE OF MAHARASHTRA THR THE COLLECTOR, OSMANABADAND ORS ...

Advocate for Applicant : Mr. S.G. Kawade AGP for Respondents 1 & 2 : Mrs. R.P. Gaur ...

CORAM : ARUN R. PEDNEKER, J.

DATED : 25/09/2023 PER COURT :

1.

Heard the learned counsel for the respective parties. 2.

The first appeal is filed along with the application for condonation of delay of 3259 days caused in filing the appeal. The learned AGP appears for respondent Nos. 1 and 2 and strongly opposed the application on the ground that the there is huge delay.

3.

The learned counsel for the applicant submits that the applicant is poor agriculturist and his land is compulsorily acquired. The applicant has no source of income. The learned counsel submits that the applicant would not claim interest for the delay period.

4.

In the interest of justice and for the reasons stated in the application, the delay of 3259 days caused in filing the appeal is condoned. The application is allowed, subject to condition that the appellant shall not be entitled for any interest and statutory benefits for the delay period. 5.

Appeal is admitted.

6.

On admission, the learned AGP waives service of notice for respondent Nos. 1 and 2.

7.

Call R. & P.

[ARUN R. PEDNEKER J.] ssc/