Kisan Pandurang Kadam v. The State Of Maharashtra And ORS

1 CA 16497/2016

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 16497 OF 2016 IN FIRST APPEAL ST NO. 35367 OF 2016 Kisan Pandurang Kadam Applicant V E R S U S The State of Maharashtra & Ors.

Respondents Mr. L.C. Patil, Advocate for the Applicant Mr. R.B. Bagul, A.G.P. for the Respondents/State CORAM : K.K. SONAWANE, J.

DATE : 18TH AUGUST, 2017 PER COURT :

1.

Heard the learned counsel appearing for both the parties. Perused the application.

2.

The learned counsel for the applicantappellant submits that the applicant - appellant

2 CA 16497/2016 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 he succeeds in this appeal on merit.

3.

In view of the aforesaid submissions and for the reasons mentioned in the application that the applicant is 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 applicantappellant 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 application for condonation of delay. In addition, the applicant/ claimant has shown his willingness/inclination that he will not claim statutory benefits as mentioned above. In such circumstances, by imposing aforesaid fetter of waiver of statutory benefits on the part

3 CA 16497/2016 of applicant-appellant, there would not be any impediment to condone the delay. The application for condonation of delay deserves to be allowed.

4.

In sequel, application stands allowed. The delay caused to present the appeal against the impugned 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.

5.

Pursuant to aforesaid waiver of statutory claim, the applicant-appellant 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.

4 CA 16497/2016 6.

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

( K.K. SONAWANE, J. ) SRM/18/8/17