Ashrabai Ashraji Sonsale v. State Of Maharashtra The The Collector, Beed And ORS
{1} CA 15170 OF 2019 & ANR
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 907 CIVIL APPLICATION NO.15170 OF 2019 IN FAST/12842/2019 ASHRABAI ASHRAJI SONSALE
VERSUS
STATE OF MAHARASHTRA ,THR. THE COLLECTOR, BEED AND ORS ...
WITH CIVIL APPLICATION NO.15171 OF 2019 IN FAST/12844/2019 DADARAO BABURAO TAMBARE
VERSUS
STATE OF MAHARASHTRA, THR. THE COLLECTOR, BEED AND ORS ...
Advocate for Applicants : Mr.Dnyaneshwar B.Pokale AGP for Respondents No.1 & 2 : Mr.R.B.Bagul ...
CORAM : K.K.SONAWANE, J.
DATE: 7th January, 2020 PER COURT:- 1.
Leave to delete respondents No.3 to 10 from the array of the respondents. Amendment be carried out forthwith. 2.
Issue notice to the respondents. Learned AGP waives service of notice for respondents No.1 and 2.
3.
Heard learned counsel for the applicants and learned AGP for the respondents.
4.
Applicants moved the present applications seeking condonation of delay of 664 days caused in fling frst appeals against the impugned Judgment and award passed by the learned Civil Judge, Senior Division, Beed, in LAR No.105 of 2014. 5.
Learned counsel for the applicants submitted that the applicants are 75 years old senior citizens. Their agricultural lands
{2} CA 15170 OF 2019 & ANR were acquired by the respondents for the purpose of Percolation Tank No.6 of village Jamb, Tq.Shirur (Ka.), District-Beed. The Special Land Acquisition Ofcer (SLAO) has awarded less compensation amount in favour of applicants, therefore, they preferred reference before the Reference Court for enhancement in the compensation amount. But, the learned Reference Court also did not appreciate the factual aspects on record and failed to award the appropriate compensation of the said lands. The applicants are intending to fle frst appeals against the impugned Judgment and award passed by the Reference Court, but delay of 664 days is caused in fling the appeals. According to the learned counsel, the delay caused is not intentional and deliberate, but caused due to unavoidable circumstances and fnancial crises of the applicants-claimants. He requested to condone the delay caused in fling the appeals, in the interest of justice.
6.
Learned AGP opposed the applications and submits that huge delay of 664 days cannot be condoned for lack of satisfactory reasons. The applicants did not take proper precaution to fle the appeals within stipulated period.
7.
Having given anxious consideration to the arguments advanced on behalf of both sides and for the reasons mentioned in the applications, I do not fnd any impediment to condone the delay in the interest of justice. The matter pertains to determination of appropriate market value of the acquired lands of the applicantsclaimants. The applicants are not satisfed with the amount of compensation awarded by the SLAO as well as by the Reference Court. In the circumstances, reasonable opportunity is essential to be given to the applicants to ventilate their grievance before the appellate forum for redressal. It is rule of law that liberal and pragmatic approach is essential to be adopted by avoiding pedantic approach while dealing with the application for condonation of delay.
{3} CA 15170 OF 2019 & ANR 8.
During the course of argument, learned AGP submits that in case the delay is condoned by this Court then the applicantsclaimants may not be allowed to claim interest on the enhanced amount of compensation for the period of delay caused in fling the appeals.
The learned counsel for the applicants-claimants fairly conceded for the same and submits that the applicants-claimants will not claim the interest and other statutory benefts for the period of delay caused in fling the appeals. In such circumstances, the applications deserve to be allowed.
9.
Accordingly, both the applications stand allowed. The delay caused in fling the appeals is hereby condoned, subject to condition that the applicants-claimants shall not claim interest and other statutory benefts as laid down in the Land Acquisition Act, 1894 for the delayed period, in case any enhanced compensation is awarded by this Court after adjudication of appeals on merit. 10.
Pursuant to aforesaid waiver of statutory claim, the applicants-appellants shall furnish undertakings to that efect and place it on record of the appeals to enable this Court to take note of the same while decision of the appeals on merit. Registry to take requisite steps for further process.
11.
With the aforesaid observations, the applications stand disposed of.
12.
On registration of appeals, issue notice to the respondents. Learned AGP waives service of notice for the respondents. 13.
List the appeals for hearing in due course.
( K.K.SONAWANE ) JUDGE SPT