Sk. Saluddin Sk. Umar (Died) Thr Lrs Hamidabai And ORS v. The Special Land Acquisition Officer, Minor Irrigation Jalgaon And ANR

934-CA-8882-2019.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.8882 OF 2019 IN FAST/17350/2018 SK. SALUDDIN SK. UMAR (DIED) THR LRS HAMIDABAI AND ORS

VERSUS

THE SPECIAL LAND ACQUISITION OFFICER, MINOR IRRIGATION JALGAON AND ANR ....

Ms Sakshi Kale, Advocate h/f Mr. A. B. Kale, Advocate for applicants Mr. P. K. Lakhotiya, AGP for respondent No.1 Mr. A. B. Dhongade, Advocate for respondent No.2 ....

CORAM : S. G. CHAPALGAONKAR, J.

DATE : 23.02.2023 PER COURT :- Heard.

2.

This is an application seeking condonation of delay of 283 days caused in filing appeal against the judgment and award dated 03.12.2016 passed by the Reference Court in L.A.R. No.309/2010.

3.

The learned Advocate appearing for applicants submits that the applicants have lost their land on account of

(( 2 )) 934-CA-8882-2019 acquisition. They have been inadequately compensated. The delay caused in filing appeal is unintentional. They have not derived any advantage out of such delay.

4.

The learned Advocate appearing for respondent No.2 strongly opposes the prayers to condone the delay. The contents of application are vague. In absence of plausible explanation, delay may not be condoned. In the alternative, he submits that in case the delay is condoned, the applicants shall not be entitled for interest for the period of delay.

5.

I have considered the arguments advanced by learned Advocates. For the reasons stated in the applications particularly in para Nos. 2 to 4, the delay of 283 days deserves to be condoned. However, the applicants shall not be entitled to claim the interest for the period of delay in case the appeal is allowed and enhanced amount of compensation is granted.

6.

The civil application is allowed in aforesaid terms. The delay of 283 days caused in filing the appeal is condoned. 7.

Appeal be registered.

[ S. G. CHAPALGAONKAR, J. ] SMS