Parshuram Rajaram Patil v. The Special Land Acquisition Officer, Upper Tapi Project Jarnoor-2, Jalgaon And Another
1 48-CA-5799-17
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD CIVIL APPLICATION NO. 5799 OF 2017 IN FAST/10590/2014 PARSHURAM RAJARAM PATIL
VERSUS
THE SPECIAL LAND ACQUISITION OFFICER, UPPER TAPI PROJECT JARNOOR2, JALGAON AND A ...
Advocate for Applicant (original claimant) : Mr. Hemraj P. Kshirsagar. AGP for Respondent No.1 : Mr. A. D. Namde.
Advocate for Respondent No.2 : Mr. S. S. Dhongade. ...
WITH CA/5800/2017 IN FAST/9326/2014 ...
CORAM : K.K. SONAWANE, J.
DATED : 15TH JANUARY, 2018.
Order :- 1.
Heard learned counsel for the applicants and learned AGP for respondents No. 1 and 2. Perused the applications and relevant documents produced on record.
2.
It has been submitted on behalf of the applicants that delay of 1527 day's caused in filing the appeals is not intentional or deliberate but it caused due to unavoidable circumstances as well financial crises for filing the present appeals. Learned counsel submits that a reasonable opportunity be given to applicants for seeking relief of enhancement of compensation in the matters.
Learned counsel for applicant also submits that, this Court (Coram : K. L. Wadne, J) condoned the delay of 4163 days caused in filing First Appeal against impugned Judgment and Award passed in similar group of matter.
The learned counsel further added that applicants - appellants 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 appeals on merit. Therefore, he requested to condone the delay.
2 48-CA-5799-17 3.
The learned AGP for respondent No.1 Special Land Acquisition Officer and learned counsel for respondent - Acquiring Body submit that there is inordinate delay, which has not been explained satisfactorily, therefore, the same cannot be condoned and prayed for rejection of application.
4.
In view of the aforesaid submissions and for the reasons mentioned in the applications that the delay so caused in filing the appeals 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 applications 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 applications for condonation of delay required to be allowed. 5.
In sequel, applications are 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.
6.
Pursuant to aforesaid waiver of statutory claim, the applicantsappellants shall furnish undertaking 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.
3 48-CA-5799-17 7.
The civil applications are allowed in aforesaid terms and the same stand disposed of.
8.
On registration of appeals, issue notice to the respondents. Learned AGP waives service of notice for respondent No. 1. Mr. S. S. Dhongade, learned counsel waives service of notice for respondent No.2.
9. Meanwhile, call for record and proceedings from the concerned learned Reference Court.
10. List the appeals for admission in due course. [ K. K. SONAWANE ] JUDGE rrd.