Single judge order allowing a civil application for a one-month remedy (limitation extension) in a land acquisition appeal. Court condoned the applicant's delay after recording an undertaking waiving statutory benefits, and disposed of the application.
Condition of delay was answered and the Civil Application was disposed of.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
9891.2012 CA
IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD
CIVIL APPLICATION NO. 9891 OF 2012 IN
FIRST APPEAL (ST) NO. 1772 OF 2012
Tukaram Appa Mirge ... Applicant
VERSUS
The Special Land Acquisition Officer & others ... Respondents
Shri A.S. Deshmukh, Advocate for applicant Shri T.S. Lodhe, AGP for respondents / State smt. Gangwal, Advocate for respondent No. 3
CORAM : S.V. GANGAPURWALA
DATED : 15th FEBRUARY, 2013
PER COURT :
. This is an application for condition of delay. The learned counsel for the acquiring body, opposes the application on the ground that no sufficient cause is stated, and even acquiring body filed an affidavit controverting the averments made in the application.
2. The applicant appears to be a rustic villager and
agriculturist residing in a rural area. The applicant has given the
2
9891.2012 CA
reasons for delay, so also applicant has filed an undertaking before this Court, the same is taken on record and marked ‘X’ for its identification. Vide the said undertaking, the applicant has waived statutory benefits for the delayed period.
(S.V. GANGAPURWALA, J. )
SDM* Feb-2013
1 issue framed by the court
Whether the grant of a one-month extension of time for filing an appeal despite delay is justified.
Tukaram Appa Mirge
The Special Land Acquisition Officer
S.V. Gangapurwala
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
