Jagannath Balaji Rode (Deceased) Thr Lrs Anil Jagannath Rode And ORS v. The State Of Maharashtra And ANR

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 13238 OF 2017 IN FIRST APPEAL ST. NO. 6685 OF 2017 Jagannath Balaji Rode (Deceased through LRs) Applicants

Versus

The State of Maharashtra & another Respondents Mr. S. R. Zambare, Advocate holding for Mr. R. S. Kasar, Advocate for the applicants.

Mr. S. P. Deshmukh, AGP for the State.

CORAM : R. M. JOSHI, J.

DATE :9th DECEMBER, 2022.

PER COURT :

1.

This application is for condonation of delay of 1848 days in fling frst appeal.

2.

Heard learned advocate for the applicants and learned AGP for respondents.

3.

It is the contention of the claimants/applicants that due to fnancial diffculties, the appeal for enhancement of compensation could not be fled in time. The other diffculties faced by them which

- 2 - were the cause for non-fling of the present appeal in time are elaborated in the application.

4.

Learned advocate for the applicants submitted that in facts of the case and in the interest of justice, delay caused in fling the appeals be condoned. The said contention is strongly opposed by learned AGP.

5.

It is settled position of law by the orders passed by the Hon'ble Apex Court that in case of land acquisition cases, the Court cannot take pedantic approach for condonation of delay and substantive rights of land owners cannot be allowed to be defeated on technical grounds. In this regard reference can be made to the judgments in the matter of Dhiraj Singh vs. State of Haryana and others reported in (2014) 14 SCC 127 and Imratlal and others vs. Land Acquisition, Collector, and others reported in (2014) 14 SCC 133.

6.

In a case where there is compulsory acquisition of the land, the claimant is entitled to receive adequate compensation. If he is aggrieved by the order passed by any authority, he has a right to

- 3 - prefer appeal against such order and to seek enhancement in accordance wit law. This right cannot be denied on technicalities. The applicants herein have provided reason for not preferring appeal in time, which in absence of any malafdes deserves to be accepted. However, at the same time, appellants cannot be allowed to take advantage of the delay and respondents cannot be burdened with liability to pay interest on enhanced amount for the said period. In the circumstances, equity can be balanced by denying any amount of interest to the claimants on enhanced compensation, if any, till the date of fling of appeal. Hence the order :-

ORDER

i) Applications stand allowed.

ii) Delay of 1848 days caused in preferring appeal stands condoned.

iii) Appeal be registered.

iv) Applicants are not entitled to receive any amount of interest on enhanced compensation upto the date of fling of appeal, if they succeed in the appeal. v) Civil application stands disposed of.

( R. M. JOSHI) Judge dyb