Renukadas Wamanrao Naraladkar And ANR v. The State Of Maharashtra And ORS
1 946 sr.no.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 946 CIVIL APPLICATION NO. 2018 OF 2017 IN FAST/35572/2016 WITH CA/2015/2017 IN FAST/35748/2016 WITH CA/2017/2017 IN FAST/35703/2016 RUKMINIBAI NANASAHEB NARALADKAR
VERSUS
THE STATE OF MAHARASHTRA AND ORS ...
Advocate for Applicant : Mr. Amit S. Deshpande AGP for Respondent Nos. 1 and 2: Mr. B.V. Virdhe ...
CORAM : K.K. SONAWANE, J.
DATED : 13th JUNE, 2018.
Order :- 1.
1.
Heard the learned counsel appearing for both the parties. Perused the application.
2.
The learned counsel for the applicant-appellant submits that the 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 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. In addition, the applicants/claimants have
2 946 sr.no. 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.
On registration of appeals, issue notice to respondents. AGP waives notice for respondent Nos. 1 and 2. Call for R. & P. After receipt of R. & P. and compliance of procedural formalities, list the appeal for admission in due course.
8.
The civil applications are allowed in aforesaid terms and stand disposed of.
[ K. K. SONAWANE ] JUDGE grt.