Dagadu Gansing Patil (Died) Honsing (Died) Thr Ravindra And ORS v. The Collector Thr The Special Land Acquisition Officer, Miw, Jalgaon And ANR

932-CA-8299-2019.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.8299 OF 2019 IN FAST/17359/2018 DAGADU GANSING PATIL (DIED) HONSING (DIED) THR RAVINDRA AND ORS

VERSUS

THE COLLECTOR THR THE SPECIAL LAND ACQUISITION OFFICER, MIW, JALGAON AND ANR ....

Ms Sakshi Kale, Advocate h/f Mr. A. B. Kale, Advocate for applicants Mr. S. J. Salgare, 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 258 days caused in filing the appeal against the judgment and award dated 02.05.2017 passed by the Reference Court in L.A.R. No.981/2010.

3.

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

(( 2 )) 932-CA-8299-2019 acquisition. They have been inadequately compensated. The delay caused in filing the 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. He would point out that no particular reasons for such delay are mentioned in the application. 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 applicant 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 application, particularly in para Nos. 2 to 4, the delay of 258 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 258 days caused in filing the appeal is condoned. 7.

Appeal be registered.

[ S. G. CHAPALGAONKAR, J. ] SMS