The State Of Maharashtra v. Vasudeo Yesu Gurav

21.fa.1411.2008.doc dik

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 1411 OF 2008 WITH CIVIL APPLICATION NO. 3730 OF 2008 AND CIVIL APPLICATION NO. 1609 OF 2012 IN FIRST APPEAL NO.1411 OF 2008 The State of Maharashtra ...Appellant vs Vasudev Yadu Gurav

...Respondent

.....

Mr Yogesh Dabke, AGP for the appellant.

.....

CORAM : M. S. SONAK, J.

13 FEBRUARY, 2017 P.C. :

The sole respondent in this appeal has already expired. There is a delay of four years in bringing on record the legal representatives of the deceased respondent.

The First Appeal was instituted in the year 2008 and it relates to the acquisition of 1999. The Reference Court has marginally enhanced the compensation and even such enhancement in its entirety works out to Rs.9,967/-.

There is really no sufficient cause to condone the delay of Pg 1 of 2

21.fa.1411.2008.doc over four years in bringing on record the legal representatives of the deceased respondent. At this point of time, to condone the delay and permit such heirs to come on record and thereafter contest this proceedings will be quite harsh and unequitable, considering the entire compensation awarded to them is Rs.9,967/- in respect of their lands which have been acquired by the State.

For the aforesaid reasons, the Civil Applications and consequently the First Appeal are dismissed.

However, it is made clear that since the Civil Applications and First Appeal are dismissed, in the aforesaid circumstances, this order may not be taken as an approval of this Court for the rate awarded by the Reference Court.

Interim order, if any, stand vacated.

( M. S. SONAK, J. ) Pg 2 of 2