Ganesh Bhanudas Manwatkar v. Ex. Engineer, Nimna Dhudhana Project Selu And ORS
1 CA 13173-2018
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD CIVIL APPLICATION NO.13173 OF 2018 IN FAST/29867/2018 Ganesh s/o Bhanudas Manwatkar, Age Major, occupation Agriculture, R/o Rani Wahegaon Tq. Partur Dist.
Jalna.
...Applicant.
VERSUS
1.
Executive Engineer, Nimna Dhudhana Project, Selu Tq. Selu Dist. Parbhani.
2.
The State of Maharashtra, Through the Collector, Jalna.
3.
The Special Land Acquisition Officer, (M.I.D.) Jalna.
...Respondents.
....
Mr. R. R. Randive, Advocate for applicant.
Mr. R. B. Bagul, AGP for Respondents No.2 and 3. ....
CORAM : SMT.VIBHA KANKANWADI, J.
Date Of Reserving The Order :
14-06-2019.
Date Of Pronouncing The Order:
11-07-2019.
ORDER :
1.
Present application has been filed by the original claimant for getting delay of 3414 days condoned for filing first appeal. 2.
The applicant has come with a case that, his land has been
2 CA 13173-2018 acquired for Nimna Dudhana Project. The said land was situated at Satona Bk. Tq. Partur Dist. Jalna. The Special Land Acquisition Officer had fixed the rate of compensation @ Rs.668/- per R. In all 76 R land was acquired from Gut No.63. Being aggrieved by the said award, he had made reference under Section 18 of the Land Acquisition Act bearing L.A.R. No.60 of 2002. His reference came to be partly allowed. The reference Court has granted compensation @ of Rs.1200/- for dry land, Rs.1600 for seasonally irrigated and Rs.30/- for barren i.e. Pot Kharab per R. He is still dissatisfied with the compensation that has been assessed by the reference Court, and therefore, want to challenge the same. The said Judgment and award has been passed by the reference Court on 21-02-2009, however there is delay of 3414 days in preferring first appeal. It is contended that, the applicant was not aware about the legal provisions. He is very poor person. His valuable rights are involved, and therefore he has prayed for condonation of delay. 3.
The application has been objected by the respondents on the ground that the huge, inordinate delay has not been properly explained by giving account of day to day.
4.
Heard learned advocate Mr. S. S. Randive for applicant and learned AGP Mr. R. B. Bagul for respondents No.2 and 3. Though respondent No.1 was served, remained absent. It will not be out of place to mention here that, both of them have made submissions supporting their respective contentions.
5.
The original claimant has prayed that the delay of 3414 days be condoned. Naturally the said delay is huge and inordinate. The only fact that is required to be considered as to whether the grounds stated by the applicant is reasonable or not. While condoning the delay, the Courts are required to be liberal. This fact has been
3 CA 13173-2018 reiterated by Hon'ble Apex Court recently in Hemlata Verma Versus M/s. ICICI Prudential Life Insurance Co. Ltd. and Anr., (Civil Appeal No. 5131 of 2019, decided on 01-07-2019). Reliance was placed on, Collector Land Acquisition, Anantnag and Anr. Versus Mst. Katiji and Ors., reported in (1987) 2 SCC 107.
6.
Further in the case in hand the land belonging to the claimant to the extent of 76 R has been acquired which was the source of income for him. Under such circumstance, he was justified in saying that, since he is poor and could not make arrangement towards the financial requirements in order to file appeal, has to be considered as a reasonable and sufficient ground to condone the delay. Hence, following order.
ORDER
i) Application is hereby allowed.
ii) The delay is hereby condoned.
iii) However, it is made very clear that, the present applicant is not entitled to get interest for 3414 days in case their appeal is allowed for enhancement in the compensation.
iv) Registry to verify and register the first appeal and place it for consideration on 16-09-2019.
v) Application stands disposed of accordingly.
(SMT. VIBHA KANKANWADI) JUDGE vjg/-.