Ranjana Ramchandra Wadkar v. The State Of Maharashtra And ORS

2024:BHC-AUG:29259 921-CA-1509-20 (+3)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 1509 OF 2020 IN FAST/1609/2019 Shobha Gangadhar Wadkar

VERSUS

The State Of Maharashtra And Others AND CIVIL APPLICATION NO. 1512 OF 2020 IN FAST/1605/2019 Gangadhar Bapurao Wadkar (Died) Through L.Rs. Kamalbai And Another

VERSUS

The State Of Maharashtra And Others AND CIVIL APPLICATION NO. 1511 OF 2020 IN FAST/1607/2019 Ranjana Ramchandra Wadkar

VERSUS

The State Of Maharashtra And Others AND CIVIL APPLICATION NO. 1510 OF 2020 IN FAST/1611/2019 ......

Mr. Laxmikant C. Patil, Advocate for Applicants Mr. R.B. Dhaware, AGP for Respondents No.1 and 2 ......

[CORAM : NITIN B. SURYAWANSHI, J.] DATE : 11th DECEMBER, 2024 ORDER :

1.

Heard.

S.P. Rane

921-CA-1509-20 (+3) 2.

These applications are filed for condonation of delay of 846 days in filing the first appeals challenging the judgment and award passed by the reference Court.

3.

Reason assigned for delay is that, though the award was passed on 12.10.2006, references were decided in the year 2016 and claimants received enhanced compensation only in the year 2017. Vicarious financial condition is stated to be one of the grounds for condonation of delay 4.

Learned AGP vehemently opposed the application station that, there is inordinate delay more than 2 years, which is not liable to be condoned in the facts of the present case.

5.

Considering the fact that, though acquisition process was initiated in the year 2002 and entire land of applicants is acquired, and though the Reference Court has passed the award in the year 2016, applicants could received enhanced compensation amount only in the year 2017. On receipt of enhanced compensation amount, they have immediately preferred first appeals. In my opinion, the delay is properly explained and deserves to be condoned in the facts of present case.

6.

in the result, applications are allowed. Delay is condoned on condition that applicants shall not be entitled for the interest for period of delay.

[NITIN B. SURYAWANSHI ] JUDGE S.P. Rane