Shaikh Gafar Shaikh Husain v. The State Of Maharashtra And ANR

1 934-CA-2823-2020

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 934 CIVIL APPLICATION NO.2823 OF 2020 IN FAST/36567/2018 SHAIKH GAFAR SHAIKH HUSAIN

VERSUS

THE STATE OF MAHARASHTRA AND ANR ...

Advocate for Applicant : Mr Shaikh h/f Mr Vitthal B.Wayal AGP for Respondent /State : Mr S.B. Yawalkar CORAM : S.G. CHAPALGAONKAR, J.

DATE : 24-02-2023 PER COURT :

1.

The applicant is seeking condonation of delay of 1378 days caused in filing appeal against the Judgment and award passed by the 5th Jt. Civil Judge, Senior Division, Aurangabad in LAR No. 247/2007. 2.

It is the contention of the applicant/claimant that the delay is unintentional. He has not derived any advantage out of the delay. The applicant has lost his agricultural land on account of compulsory acquisitions. He is not adequately compensated. He has good ground in appeal.

3.

The learned AGP appearing for respondent Nos. 1 and 2 opposes the application stating that the applicant has not given sufficient reasons to explain the huge delay caused in filing the appeal. In alternative, he submits that if the delay is condoned, the applicant shall not be entitled to claim the interest for the delayed period.

2 934-CA-2823-2020 4.

Considering the nature of dispute and fact that the applicant has filed an appeal seeking enhancement of compensation, it would be just and desirable in the interest of justice to condone the delay subject to condition that the applicant shall not be entitled to claim the interest for the delayed period.

5.

The civil application is accordingly allowed. 6.

The delay of 1378 days caused in filing appeal is condoned subject to condition as stated above.

7.

The appeal be registered.

[ S.G. CHAPALGAONKAR, J. ] mta