Ganesh Dattoba Chavan v. The State Of Maharashtra And Another

{1} 935 sr.no..odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 935 CIVIL APPLICATION NO. 14556 OF 2015 IN FAST/26187/2014 GANESH DATTOBA CHAVAN

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for Applicant : Mr. Laxmikant C. Patil AGP for Respondent No.1.: Mr. B.V. Virdhe Adv. for respondent No.2 : Mr. S.P. Sonpawale. CORAM : K.K. SONAWANE, J.

DATE : 15th September, 2017.

PER COURT:

1.

Heard the learned counsel appearing for 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.

The learned AGP and learned counsel for respondent No.2 oppose the application on the ground that there is inordinate delay and same has not been properly explained. Therefore, they requested for rejection of application.

4.

Considering the fact that the applicant is a rustic and illiterate person having no knowledge about the legal procedure as well as he had a financial crisis, 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. There is sufficient cause to allow the applications for condonation of delay.

{2} 935 sr.no..odt In addition, the applicants/claimants have shown their willingness/inclination that they will not claim statutory benefits as mentioned above. In such circumstances, by imposing aforesaid fetter of waiver of statutory benefits on the part of applicants-appellants, there would not be any impediment to condone the delay. The application for condonation of delay deserves to be allowed.

5.

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.

6.

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. 7.

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

[K.K. SONAWANE] JUDGE.

grt/-