Govinda Laxman Deshpande Died Thr Lrs Sadashiv Govindrao Deshpande And ORS v. The State Of Maharashtra And ORS

1 CA-16577-16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 17 CIVIL APPLICATION NO. 16577 OF 2016 IN FAST/19334/2016 GOVINDA LAXMAN DESHPANDE DIED THR LRS SADASHIV GOVINDRAO DESHPANDE AND ORS

VERSUS

THE STATE OF MAHARASHTRA AND ORS ...

Advocate for Applicants : Mr. S.A. Ambilwade, h/f Mr. Ajeet B. Kale AGP for Respondents No.1 and 2: Mr. S.P. Sonpawale Advocate for respondent No. 3: Mr. D.P. Bakshi ...

CORAM : K.K. SONAWANE, J.

DATED : 7th AUGUST, 2017.

Order :- 1.

Heard the learned counsel appearing for both the parties. Perused the application.

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 appeal on merit.

3.

In view of the aforesaid submissions and for the reasons mentioned in the applications, 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 by imposing aforesaid fetter of

2 CA-16577-16 waiver of statutory benefits on the part of applicants-appellants. The application for condonation of delay deserves to be allowed. 4.

In sequel, application stands allowed. The delay caused to present the appeal 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.

5.

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.

6.

The civil application is allowed in aforesaid terms and stands disposed of.

Sd/- [ K. K. SONAWANE ] JUDGE MTK