Uttam Dajiba Rajbinde v. The State Of Maharashtra Through The Collector Jalna And Other

1 32-CA-16403-16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 32 CIVIL APPLICATION NO. 16403 OF 2016 IN FAST/33887/2016 UTTAM DAJIBA RAJBINDE

VERSUS

THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR JALNA AND OTHER ...

Advocate for Applicant : Mr. Parmeshwar R. Kadam And Mr. M.P. Tripathi AGP for Respondents No.1 and 2 : Mr. B.V. Virdhe Advocate for Respondent No. 3: Mr. Swami ...

CORAM : K.K. SONAWANE, J.

DATED : 8th JANUARY, 2018.

Order :- 1.

Heard learned counsel for the applicant - original claimant as well as learned AGP for respondents No. 1 and 2 and Mr. Swami learned counsel for respondent No. 3- Acquiring Body. 2.

Perused the application and relevant documents produced on record. It has been submitted on behalf of the applicant that delay caused in filing the appeal is not intentional or deliberate but it caused due to unavoidable circumstances as well financial crises for filing the present appeal. A reasonable opportunity be given to applicants for seeking relief of enhancement of compensation in the matter. The learned counsel further added that applicant - appellant 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 applicant prayed for condonation of delay. 3.

The learned AGP for respondents No. 1 and 2 submits that there is inordinate delay, which has not been explained satisfactorily,

2 32-CA-16403-16 therefore, the same cannot be condoned and prayed for rejection of application. Learned counsel for respondent No. 3 has adopted the said submissions and prayed for rejection of the application. 4.

Perused the application and relevant documents on record. Admittedly, the matters pertain to enhancement of compensation for the lands 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 applicant intend to challenge the findings for awarding meagre compensation amount and also intend to seek enhancement of compensation.

5.

In view of the aforesaid submissions and for the reasons mentioned in the application that the delay so caused in filing the appeal was only due to unavoidable circumstances as well financial crises, I find it justifiable to give reasonable opportunity to the applicant-appellant in the interest of justice to ventilate grievances before the Appellate Forum. There is sufficient cause to allow the application for condonation of delay. In addition, the applicantclaimants have shown his willingness / inclination that he 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 applicantappellant, there would not be any impediment to condone the delay. The application for condonation of delay required to be allowed. 6.

In sequel, application is allowed in terms of prayer clause "B". The delay caused to present the appeals against the impugned Judgment and Award stands condoned subject to condition that applicant-appellant 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.

7.

Pursuant to aforesaid waiver of statutory claim, the applicant-

3 32-CA-16403-16 appellant shall furnish undertakings 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 appeals on merit. Registry to take requisite steps for further process.

8.

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

9.

On registration of appeal, issue notice to the respondents. Learned AGP waives service of notice for respondent No. 1 and 2 Mr. Swami, learned counsel waives service of notice on behalf of respondent No. 3.

10. Meanwhile, call for record and proceedings from the concerned learned Reference Court.

11. List the appeal for admission in due course. Sd/- [ K. K. SONAWANE ] JUDGE MTK.