Kisan Raghuji Mane v. The State Of Maharashtra And ORS
1 957-CA-11598-19-d
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD CIVIL APPLICATION NO.11598 OF 2019 IN FAST/25638/2019 KISAN RAGHUJI MANE
VERSUS
THE STATE OF MAHARASHTRA AND ORS ...
CIVIL APPLICATION NO.11599 OF 2019 IN FAST/25641/2019 GAYABAI RAGHUJI MANE
VERSUS
THE STATE OF MAHARASHTRA AND ORS ...
Advocate for Applicants-claimants : Mr. N. D. Kendre AGP for Respondents No.1 and 2 : Mr. R. B. Bagul ...
CORAM : K.K. SONAWANE, J.
DATED : 04th FEBRUARY, 2020.
ORDER :- Heard learned counsel for the applicants-original claimants and learned AGP for respondents No.1 and 2. Despite service of notice, no one else appeared on behalf of respondent No.3 - Acquiring Body. Perused the applications and other relevant documents produced on record.
2.
It has been submitted on behalf of the applicants-claimants that delay caused in filing the appeals is not intentional or deliberate, but, it caused due to unavoidable circumstances as well as financial crises for filing the present appeal. A reasonable opportunity be given to the applicants-claimants for seeking relief of enhancement of compensation in this matter. The learned counsel further added that applicantsappellants 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 appeals on merit. Hence, learned counsel for applicants prayed for condonation of delay. 3.
The learned AGP for respondent No.1 and 2 submits that there is inordinate delay, which has not been explained satisfactorily, therefore, the same cannot be condoned and prayed for rejection of application. 4.
Admittedly, the matter pertains to enhancement of compensation for the land under acquisition. The learned Reference Court partly allowed the Reference Petitions filed by the applicant under section 18 of the Land Acquisition Act, 1894. The applicants-claimants intend to challenge the findings for awarding meagre compensation amount and also intends to seek enhancement of compensation.
2 957-CA-11598-19-d 5.
In view of the aforesaid submissions and for the reasons mentioned in the applications that the delay so caused in filing the appeals was only due to unavoidable circumstances as well financial crises, I find it justifiable to give reasonable opportunity to the applicants-appellants in the interest of justice to ventilate grievances before the Appellate Forum. There is sufficient cause to allow the applications for condonation of delay. In addition, the applicantsclaimants have shown their willingness / inclination that they will not claim statutory benefits as well as amount of interest as mentioned above. In such circumstances, by imposing aforesaid fetter of waiver of statutory benefits and interest amount etc. on the part of applicantsappellants, there would not be any impediment to condone the delay. The applications for condonation of delay required to be allowed. 6.
In sequel, Civil Applications are allowed in terms of prayer clause "B". The delay caused to present the appeal against the impugned Judgment and Award stand 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 appeals on merit.
7.
Pursuant to aforesaid waiver of statutory claim, the applicantsappellants shall furnish undertakings to that effect 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.
8.
The Civil Applications are allowed in aforesaid terms and stand disposed of.
9.
On registration of appeals, issue notice to the respondents, returnable on 19th March, 2020. Learned AGP waives service of notice for respondents No.1 and 2.
10.
Meanwhile, call for record and proceedings from the concerned Reference Court.
11.
After compliance of procedural formalities, list the appeals for admission on 19th March, 2020.
Sd./- [ K. K. SONAWANE ] JUDGE rrd