Avinash Gurunath Birajdar v. The State Of Mah And ORS
{1} CA 1485 OF 2013
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD CIVIL APPLICATION NO.1485 OF 2013 IN FAST/25078/2012 AVINASH GURUNATH 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.
Applicant moved the present application seeking condonation of delay caused in fling frst appeal against the impugned Judgment and award passed by the learned Civil Judge, Senior Division, Omerga, in LAR No.149 of 2010, dated 26.08.2011. 4.
Learned counsel for the applicant submitted that the agricultural land of the applicant was 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 applicant, therefore, he 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 land. The applicant is intending to fle frst appeal
{2} CA 1485 OF 2013 against the impugned Judgment and award passed by the Reference Court, but delay of 273 days is caused in fling the appeal. According to the learned counsel, the delay caused is not intentional and deliberate, but caused due to unavoidable circumstances and fnancial crises of the applicant-claimant. He requested to condone the delay caused in fling the appeal, in the interest of justice.
5.
Learned AGP for respondent-State as well as learned counsel for respondent-Acquiring Body opposed the application and submits that huge delay of 273 days cannot be condoned for lack of satisfactory reasons. The applicant did not take proper precaution to fle the appeal within stipulated period.
6.
Having given anxious consideration to the arguments advanced on behalf of both sides and for the reasons mentioned in the application, 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 land of the applicantclaimant. The applicant is not satisfed with the amount of compensation awarded by the SLAO as well as by the Reference Court. In the circumstances, reasonable opportunity is essential to be given to the applicant to ventilate his 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 applicantclaimant may not be allowed to claim interest on the enhanced amount of compensation for the period of delay caused in fling the appeal.
The learned counsel for the applicant-claimant fairly
{3} CA 1485 OF 2013 conceded for the same and submits that the applicant-claimant will not claim the interest and other statutory benefts for the period of delay caused in fling the appeal. In such circumstances, the application deserve to be allowed.
8.
Accordingly, the application stands allowed. The delay caused in fling the appeal is hereby condoned, subject to condition that the applicant-claimant 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 appeal on merit. 9.
Pursuant to aforesaid waiver of statutory claim, the applicantappellant shall furnish undertaking to that efect 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.
10.
With the aforesaid observations, the application stands disposed of.
11.
On registration of appeal, 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 appeal for hearing in due course.
( K.K.SONAWANE ) JUDGE SPT