Prashant Chandrapal Shelke And ANR v. The State Of Maharashtra And ORS
1 28-CA-14115-19
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD CIVIL APPLICATION NO.14115 OF 2019 IN FAST/4514/2019 PRASHANT CHANDRAPAL SHELKE AND ANR
VERSUS
THE STATE OF MAHARASHTRA AND ORS ...
Advocate for Applicants-claimants : Mr. Vivekanand V. Ingale AGP for Respondents No.1 and 3 : Mr. R. B. Bagul ...
CORAM : K.K. SONAWANE, J.
DATED : 20th JANUARY, 2020.
ORDER :- Heard learned counsel for applicants-original claimants and learned AGP for respondents No.1 and 3. Despite service of notice, no appearance is caused on behalf of respondent No.2 - Acquiring Body. 2.
Perused the application and other relevant documents produced on record. It has been submitted on behalf of the applicants-claimants that delay caused in filing the appeal is not intentional or deliberate, but, it caused due to unavoidable circumstances as well financial crises for filing the present appeal. A reasonable opportunity be given to applicants-claimants for seeking relief of enhancement of compensation in this matter. The learned counsel further added that applicantsappellants will not claim statutory benefits as well as amount of interest as laid down in the Land Acquisition Act, 1894, for the period of delay sought to be condoned, in case of success of appeal on merit. Hence, learned counsel for the applicants-claimants prayed for condonation of delay.
3.
The learned AGP for respondents No. 1 and 3 submits that there is inordinate delay, which has not been explained satisfactorily, therefore, the same cannot be condoned and prayed for rejection of application.
4.
Perused the application and other relevant documents on record. Admittedly, the matter pertains to enhancement of compensation for the land under acquisition. The learned Reference Court partly allowed the Reference Petition filed by the applicants under Section 18 of the Land Acquisition Act, 1894. The applicants intend to challenge the findings for awarding meagre compensation amount and also intend to seek enhancement of compensation.
2 28-CA-14115-19 5.
In view of the aforesaid submissions and for the reasons mentioned in the application that the delay so caused in filing the appeal was only due to unavoidable circumstances as well financial crises, I find it justifiable to give reasonable opportunity to the applicants-appellants in the interest of justice to ventilate grievances before the Appellate Forum. There is sufficient cause to allow the application for condonation of delay. In addition, the applicantsclaimants have shown their willingness/inclination that they will not claim statutory benefits as well as amount of interest as mentioned above. In such circumstances, by imposing aforesaid fetter of waiver of statutory benefits and interest amount etc. on the part of applicantsappellants, there would not be any impediment to condone the delay. The application for condonation of delay required to be allowed. 6.
In sequel, application is allowed in terms of prayer clause "B". The delay caused to present the appeal against the impugned Judgment and Award stands condoned subject to condition that applicants-appellants shall not claim statutory benefits as well as amount of interest as laid down in the Land Acquisition Act, 1894 for the delayed period allowed to be condoned, in case, any enhanced compensation is awarded by this Court after adjudication of appeal on merit.
7.
Pursuant to aforesaid waiver of statutory claim, the applicantsappellants shall furnish undertakings to that effect and place it on record of the appeal to enable this Court to take note of the same, while decision of the appeal on merit. Registry to take requisite steps for further process.
8.
The civil application is allowed in aforesaid terms and stands disposed of.
9.
On registration of appeal, issue notice to the respondents. Learned AGP waives service of notice for respondents No. 1 and 3.
10. Meanwhile, call for record and proceedings from the learned Reference Court.
11. After compliance of procedural formalities, list the appeal for admission in due course.
Sd./- [ K. K. SONAWANE ] JUDGE rrd