Balasaheb Ramrao Birajdar v. The State Of Mah And ORS
{1} CA 1473 OF 2013 & ANR
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 909 CIVIL APPLICATION NO.1473 OF 2013 IN FAST/25080/2012 SUNITA BABRUWAN BIRAJDAR
VERSUS
THE STATE OF MAHARASHTRA AND ORS ...
Advocate for Applicant : Mr.S.N.Lale Yelwatkar AGP for Respondents No.1 & 3 : Mr.Y.G.Gujrathi Advocate for Respondent No.2 : Mr.Anil M. Gaikwad ...
WITH CIVIL APPLICATION NO. 1472 OF 2013 IN FAST/25041/2012 BALASAHEB RAMRAO BIRAJDAR
VERSUS
THE STATE OF MAHARASHTRA AND ORS ...
Advocate for Applicant : Mr.B.K.Pawar AGP for Respondents No.1 & 3 : Mr.Y.G.Gujrathi Advocate for Respondent No.2 : Mr.Anil M. Gaikwad ...
CORAM : K.K.SONAWANE, J.
DATE: 7th January, 2020 PER COURT:- 1.
Issue notice to the respondents. Learned AGP waives service of notice for respondents No.1 and 3. Mr.A.M.Gaikwad, learned counsel waives service of notice for respondent No.2. 2.
Heard learned counsel for the parties.
3.
Applicants moved the present applications seeking condonation of delay caused in fling frst appeals against the impugned Judgment and award passed by the learned Civil Judge,
{2} CA 1473 OF 2013 & ANR Senior Division, Omerga in LAR Nos.590 of 2009 and 588 of 2009, dated 28.02.2011.
4.
Learned counsel for the applicants submitted that the agricultural lands of the applicants were acquired by the respondents for the purpose of Narangwadi Storage Tank. The Special Land Acquisition Ofcer (SLAO) has awarded less compensation amount in favour of applicants, therefore, they preferred reference before the Reference Court for enhancement in the compensation amount. But, the learned Reference Court also did not appreciate the factual aspects on record and failed to award the appropriate compensation of the said lands. The applicants are intending to fle frst appeals against the impugned Judgment and award passed by the Reference Court, but delay of 445 days is caused in fling the appeals. According to the learned counsel, the delay caused is not intentional and deliberate, but caused due to unavoidable circumstances and fnancial crises of the applicantsclaimants. He requested to condone the delay caused in fling the appeals, in the interest of justice.
5.
Learned AGP for respondent-State as well as learned counsel for respondent-Acquiring Body opposed the applications and submits that huge delay of 445 days cannot be condoned for lack of satisfactory reasons. The applicants did not take proper precaution to fle the appeals within stipulated period. 6.
Having given anxious consideration to the arguments advanced on behalf of both sides and for the reasons mentioned in the applications, I do not fnd any impediment to condone the delay in the interest of justice. The matter pertains to determination of appropriate market value of the acquired lands of the applicantsclaimants. The applicants are not satisfed with the amount of
{3} CA 1473 OF 2013 & ANR compensation awarded by the SLAO as well as by the Reference Court. In the circumstances, reasonable opportunity is essential to be given to the applicants to ventilate their grievance before the appellate forum for redressal. It is rule of law that liberal and pragmatic approach is essential to be adopted by avoiding pedantic approach while dealing with the application for condonation of delay.
7.
During the course of argument, learned AGP for respondentState and learned counsel for respondent-Acquiring Body submit that in case the delay is condoned by this Court then the applicantsclaimants may not be allowed to claim interest on the enhanced amount of compensation for the period of delay caused in fling the appeals.
The learned counsel for the applicants-claimants fairly conceded for the same and submit that the applicants-claimants will not claim the interest and other statutory benefts for the period of delay caused in fling the appeals. In such circumstances, the applications deserve to be allowed.
8.
Accordingly, both the applications stand allowed. The delay caused in fling the appeals is hereby condoned, subject to condition that the applicants-claimants shall not claim interest and other statutory benefts as laid down in the Land Acquisition Act, 1894 for the delayed period, in case any enhanced compensation is awarded by this Court after adjudication of appeals on merit. 9.
Pursuant to aforesaid waiver of statutory claim, the applicants-appellants shall furnish undertakings to that efect 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.
{4} CA 1473 OF 2013 & ANR 10.
With the aforesaid observations, the applications stand disposed of.
11.
On registration of appeals, issue notice to the respondents. Learned AGP waives service of notice for the respondents No.1 and
3. Mr.A.M.Gaikwad, learned counsel waives service of notice for respondent No.2.
12.
List the appeals for hearing in due course.
( K.K.SONAWANE ) JUDGE SPT