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Bombay High CourtCAF/4307/2019ca disposed off

Sau. Prema Ramdhan Rathod v. The State Of Maharashtra Through The Collector, Yavatmal And Others

2025-01-09Hon'Ble Shri Justice Sandipkumar Chandrabhan More2 pages

1 9.caf.4307.2019

IN THE HIGH

COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CIVIL APPLICATION NO. 4307 OF 2019 IN FIRST APPEAL ST.NO.1414 OF 2018 Sau. Prema Ramdhan Rathod ..vs..

State of Maharashtra and ors.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Ms Sapna S. Jadhav, Advocate for the applicant. Mrs Dhande, A..G.P. for the State.

CORAM: SANDIPKUMAR C. MORE, J.

DATE : 09/01/2025.

1.

The respondent no.2/Acquiring Body despite service remained absent. The learned Counsel Mr. M. A. Kadu, on instructions, causes appearance on behalf of respondent no.2.

2.

Heard rival submissions.

3.

The applicant/Claimant has filed this application for condonation of delay of 3704 days in filing the appeal against the Judgment and Award dated 27.08.2007 in L.A.C.No.502 of 2002.

4.

The learned Assistant Government Pleader though did not raise any strong objection, but the learned Counsel for the respondent no.2/Acquiring Body strongly opposed the application, on the ground that, the delay is inordinate.

5.

The learned Counsel for the applicant/Claimant relied on the orders of this Court in other similar matter, wherein delay period was around 3000 days, has been condoned.

6.

In view of the same, the application stands

2 9.caf.4307.2019 allowed and the delay is condoned, subject to condition that the applicant shall not claim any interest as well as statutory benefits for the aforesaid period of delay on the enhanced compensation, if granted by this Court. 7.

The application is disposed of.

8.

The appeal be registered after removing of all office objections, if any.

(SANDIPKUMAR C. MORE , J.

) Trupti