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Bombay High CourtCA/3677/2018delay condonatedrejected

Nirmalkumar Rodmal Vaidya And ANR v. The Special Land Acquisition Officer, Jayakwadi Project Thr Sub Div. Officer Kannad And ANR

2023-08-10Hon'Ble Shri Justice Sandipkumar C. More2 pages

950-CA-3677-2018

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 950 CIVIL APPLICATION NO. 3677 OF 2018 IN FIRST APPEAL (ST) NO. 38709 OF 2017 WITH CA/3688/2018 IN FAST/38711/2017 NIRMALKUMAR RODMAL VAIDYA AND ANOTHER

VERSUS

THE SPECIAL LAND ACQUISITION OFFICER JAYAKWADI PROJECT THROUGH SUB DIVISIONAL OFFICER KANNAD AND ANOTHER ...

Mr. D.A. Bide h/f. Mr. V.B. Wayal - Advocate for Applicants Mr. S.P. Tiwari - AGP for Respondent No.1, State ....

CORAM : SANDIPKUMAR C. MORE, J.

DATE : 10th August, 2023 PER COURT :

1.

Heard rival submissions.

2.

The respective applicants are seeking condonation of delay periods mentioned in these applications, which appear to be caused due to their poor financial condition. 3.

The learned A.G.P. strongly opposed the application on the ground that no reasonable cause is mentioned for condoning the delay periods. The acquiring body though Pooja K.

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950-CA-3677-2018 served, but remained absent.

4.

However, considering the statutory right of the applicants and for the reasons stated in the applications, the applications are allowed and the delay periods mentioned in these applications stand condoned subject to condition that the applicants shall not claim any interest for the periods of aforesaid delay.

5.

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

6.

The applications are accordingly disposed of. [ SANDIPKUMAR C. MORE ] JUDGE Pooja K.

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