Smt. Laxmibai Maruti Chorghe Since Deceased Thr.Lrs. 1.1-1.4 v. The Special Land Acquisition Officer (Mi), And ANR.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TRUSHA TUSHAR MOHITE CIVIL APPELLATE JURISDICTION TRUSHA TUSHAR MOHITE Date: 2025.06.23 19:09:16 +0530 INTERIM APPLICATION NO. 16169 OF 2024 IN FIRST APPEAL (L) NO. 23465 OF 2024 Smt. Laxmibai Maruti Chorghe Since Deceased Thr. LRS & Ors.

.. Applicants

Versus

The Special Land Acquisition Officer (MI), & Anr.

.. Respondents Adv. Deepa Sachin Punde i/b. Adv. Sachin Punde for the Applicants/ Appellants.

Adv. A. R. Patil Addl. GP for State/Respondent No. 1 Adv. Leena Patil for Respondent No. 2.

CORAM:

B. P. COLABAWALLA & FIRDOSH P. POONIWALLA, JJ.

DATE:

P. C.

1.

The above Interim Application is filed for condoning the delay of 5 years and 118 days in preferring the above Appeal. 2.

The challenge in the above Appeal is to the Judgment and Order dated 18th January, 2019 passed by the learned Joint Civil Judge, Senior

Division, Alibag, District Raigad in Land Acquisition reference No. 1081 of 2000 (Old Land Acquisition reference No. 3 of 1998). 3.

The learned Advocate appearing on behalf of the Respondents vehemently opposed the grant of condonation of delay on the ground that there is absolutely no explanation for the aforesaid delay. 4.

We have heard the learned counsel for the parties at some length. It is true that the order was passed on 18th January, 2019 and the above Appeal has been lodged after a delay of almost 5 and half years. 5.

However, the explanation given in the above Application is that the Applicants/Appellants are poor agriculturists whose lands were acquired in the year 1995 by the Respondents. It is the case of the Applicants that the acquired land was the sole source of income. The amount under the award was paid to them only on 14th February 2024. Apart from being illiterate, it is the case of the Applicants that only once this amount is received, they were in a position to engage Advocates to challenge the above Judgment and Order dated 18th January, 2019.

6.

Considering these facts, and more particularly the fact that the Applicants-agriculturists are poor people, illiterate, and did not have the adequate financial resources to challenge the impugned order in a timely manner, in the peculiar facts and circumstances of this case we are inclined to condone the delay.

7.

Accordingly the delay in filing the above Appeal is hereby condoned. Now that the delay is condoned, the Advocates for the Applicant/ Appellant shall remove all other Office Objections within a period of 4 weeks from today failing which the above Appeal shall stand dismissed without further reference to the Court.

8.

The Interim Application is disposed of in the aforesaid terms. However, there shall be no order as to costs. 9.

This order will be digitally signed by the Private Secretary/ Personal Assistant of this Court. All concerned will act on production by fax [FIRDOSH P. POONIWALLA, J.] [B. P. COLABAWALLA, J.]