Gangadhar Nivrati Jadhav v. The State Of Mah And ORS
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
BENCH AT AURANGABAD.
CIVIL APPLICATION NO. 11564 OF 2012 IN FAST/22851/2012 WITH CA/15397/2011 IN FAST/27676/2011 WITH CA/15398/2011 IN FAST/27679/2011 WITH CA/15399/2011 IN FAST/27664/2011 WITH CA/15400/2011 IN FAST/27661/2011 WITH CA/15457/2011 IN FAST/26818/2011 WITH CA/15458/2011 IN FAST/26837/2011 WITH CA/15459/2011 IN FAST/26843/2011 WITH CA/15460/2011 IN FAST/26856/2011 WITH CA/15461/2011 IN FAST/26825/2011 WITH CA/15462/2011 IN FAST/26849/2011 WITH CA/15463/2011 IN FAST/26828/2011 WITH CA/1039/2012 IN FAST/33834/2011 WITH CA/1040/2012 IN FAST/33482/2011 WITH CA/1041/2012 IN FAST/33485/2011 WITH CA/1042/2012 IN FAST/33480/2011 WITH CA/1043/2012 IN FAST/33832/2011 WITH CA/11630/2012 IN FAST/22848/2012 WITH CA/8057/2013 IN FAST/14470/2013 WITH CA/12867/2013 IN FAST/14465/2013 GANGADHAR NIVRATI JADHAV
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS ...
Advocate for Applicant : Mr. N. S. Shah, h/f Mr. Sharad V. Natu. AGP for Respondent Nos.1 & 2 : Mr.C.V.Dharurkar. Advocate for Respondent No.3: Mr. S. D. Dhongade / Mr. Umakant K. Patil/ Mr. P. G. Umakant / Mr. B. R. Surwase / Mr. Sudhir G. Bhalerao. ...
CORAM :
V. K. JADHAV, J.
DATE :
09th January, 2017.
P.C.:
.
The learned counsel for Applicants submits that though the award passed in the year 2008, the Applicants / original Claimants
received the amount of compensation in the year 2011. Thus, due to financial constraint, the Applicants / original Claimants could not prefer the appeals within the period of limitation and thus, the delay has been occurred.
The learned AGP appearing for Respondent Nos.1 and 2 and the leaned counsel appearing for the acquiring body strongly resisted the applications and in the alternate submit that in case if the Applicants / original Claimants succeed in appeals, the Applicants should furnish an undertaking to the effect that he/they would not claim any interest / statutory benefits of the aforesaid period for which the delay sought to be condoned.
In view of the above and for the reasons stated in the applications, the delay caused in filing the first appeals is hereby condoned on the condition that the Applicants / original Claimants shall furnish an undertaking to the effect that in case the appeals are allowed and the compensation is enhanced by this Court, the Applicants / original Claimants will not claim any statutory benefits / interest for the period of which delay sought to be condoned. The Applicants shall furnish the aforesaid undertaking within four weeks from the date of this order.
Accordingly, all the civil applications for condonation of delay are allowed and disposed of.
[ V. K. JADHAV, J. ] ndm