Appa Dhullappa Mote-Patil v. The State Of Maharashtra And ANR
1 33 CA-15047-16
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 33 CIVIL APPLICATION NO. 15047 OF 2016 IN FAST/16412/2016 APPA DHULLAPPA MOTE-PATIL ..
APPLICANT
VERSUS
THE STATE OF MAHARASHTRA AND ANOTHER ..
RESPONDENTS.
WITH CIVIL APPLICATION NO. 15048 OF 2016 IN FAST/16517/2016 DEVIDAS DHULLAPPA MOTE PATIL ..
APPLICANT
VERSUS
THE STATE OF MAHARASHTRA AND ANOTHER ..
RESPONDENTS.
...
Advocate for Applicant : Mr. Santosh N. Patne. AGP for Respondents - State : Mr.S. R.Yadav-Lonikar. ...
CORAM : K.K. SONAWANE, J.
DATED : 13TH SEPTEMBER, 2017.
Order :- 1.
Heard the learned counsel appearing for both the parties. Perused the applications.
2.
The learned counsel for the applicants-appellants submits that the 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.
3.
Per contra, learned AGP submits that there is inordinate delay of 1205 days in filing appeal and same is not properly explained. As such, the applications for condonation of delay may be rejected. 4.
In view of the aforesaid submissions and for the reasons mentioned in the applications that the applicants are rustic and illiterate persons having no knowledge about the legal procedure as
2 33 CA-15047-16 well as they had a financial crisis, I find it justifiable to give reasonable opportunity to the applicants-appellants in the interest of justice to ventilate the grievances before the Appellate Forum. There is no impediment to condone the delay. There is sufficient cause to allow the applications for condonation of delay. In addition, the applicants/claimants have shown their willingness/ inclination that they will not claim statutory benefits as mentioned above. In such circumstances, by imposing aforesaid fetter of waiver of statutory benefits on the part of applicant-appellant, there would not be any impediment to condone the delay. The applications for condonation of delay deserve to be allowed.
6.
In sequel, applications stand allowed. The delay caused to present the appeals against the impugned 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 undertaking to that effect 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. After registration of appeal, same be listed in due course.
8.
The civil applications are allowed in aforesaid terms and stand disposed of.
[ K. K. SONAWANE ] JUDGE rrd.