← Library
Bombay High CourtCA/366/2025admittedallowedgrantedrule absolute

Pramilabai Sudhakarrao Deshmukh Through Gpa Holder Sunil Sudhakarrao Deshmukh And ORS v. Special Land Acquisition Officer Minor Irrigation Jalgaon And ORS

2025-04-15Hon'Ble Shri Justice S. G. Chapalgaonkar2 pages

2025:BHC-AUG:11347 157-ca-366-2025

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 366 OF 2025 IN FAST/32523/2024 Pramilabai Sudhakarrao Deshmukh Through Gpa Holder Sunil Sudhakarrao Deshmukh And Ors

VERSUS

Special Land Acquisition Officer Minor Irrigation Jalgaon And Ors ...

Adv. Mrunal Andhare h/f Adv. A. B. Kale, Advocate for Applicants Adv. V. S. Badakh, AGP for Respondents-State Adv. S. S. Chillarge, Advocate for Respondent No.2 .....

CORAM : S. G. CHAPALGAONKAR, J.

Dated : 15TH APRIL, 2025 PER COURT :- 1.

Heard learned Advocates appearing for the respective parties.

2.

Applicants seek to condone the delay of 2666 days caused in filing appeal against the award passed by the Reference Court.

3.

Perused the application and reasons stated therein. Applicants are agriculturist and lost their land due to compulsory acquisition. They filed reference under Section

157-ca-366-2025 18, which came to be dismissed. The applicants could not approach this Court within time due to financial duress. The contents of application are not disputed. Looking to the nature of the dispute and reasons stated in the application, case is made out to condone the delay, subject to certain condition. Hence, following order:

ORDER

i.

Civil Application is allowed.

ii.

Delay of 2666 days caused in filing appeal is condoned, subject to condition that applicants file an undertaking to Registrar (Judicial) of this Court within a period of eight weeks from today stating that they shall not claim interest and statutory benefit for the period of delay.

iii.

Civil Application is disposed of.

( S. G. CHAPALGAONKAR, J. ) Rushikesh/2025