Bhaskar Raosaheb Borade v. The State Of Maharashtra And ORS
( 1 )
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 9 CIVIL APPLICATION NO.3619 OF 2020 IN FAST/19519/2019 SHAIKH KHAJA SHAIKH AHMAD (DIED) THR LRS SHAIKH ASHABEE AND ORS 10 CIVIL APPLICATION NO.3620 OF 2020 IN FAST/19529/2019 SHAIKH LADDU SHAIKH AHMAD 11 CIVIL APPLICATION NO.3621 OF 2020 IN FAST/19516/2019 SOPAN RAOSAHEB BORADE 12 CIVIL APPLICATION NO.3622 OF 2020 IN FAST/37789/2019 GANPAT GANGARAM BORADE 13 CIVIL APPLICATION NO.3623 OF 2020 IN FAST/19511/2019 BABASAHEB APPASAHEB BORADE
( 2 ) 14 CIVIL APPLICATION NO.3624 OF 2020 IN FAST/19532/2019 SHAHIDAS TRIMBAK MHASKE 15 CIVIL APPLICATION NO.3625 OF 2020 IN FAST/37786/2019 MUKTABAI GANPATRAO BORADE 16 CIVIL APPLICATION NO.3631 OF 2020 IN FAST/19513/2019 RAMPRASAD ABASAHEB BORADE 17 CIVIL APPLICATION NO.3632 OF 2020 IN FAST/31466/2019 DASA RAGHOJI GORE (DIED) THR LRS PARVATI AND ORS 18 CIVIL APPLICATION NO.3633 OF 2020 IN FAST/19526/2019 KISAN VISHVANATH BORADE
( 3 ) 19 CIVIL APPLICATION NO.3634 OF 2020 IN FAST/19498/2019 CHATURABAI RAOSAHEB BORADE 20 CIVIL APPLICATION NO.3635 OF 2020 IN FAST/37806/2019 BABASAHEB APPASAHEB BORADE AND ANR 21 CIVIL APPLICATION NO.3636 OF 2020 IN FAST/19538/2019 NIVRUTTI RAOSAHEB BORADE 22 CIVIL APPLICATION NO.3638 OF 2020 IN FAST/37800/2019 BHAGWAN GANGARAM BORADE 23 CIVIL APPLICATION NO.3641 OF 2020 IN FAST/19536/2019 SHAIKH KHALID SHAIKH AHMAD
( 4 ) 24 CIVIL APPLICATION NO.3642 OF 2020 IN FAST/37797/2019 DHONDIBA BABURAO KAKADE 26 CIVIL APPLICATION NO.5254 OF 2021 IN FAST/3694/2021 BAPURAO BABURAO KAKADE 27 CIVIL APPLICATION NO.11369 OF 2021 IN FAST/11511/2021 SHESHRAO WAMANRAO GIRAM (DIED) THR LRS SARASWATI AND ORS 29 CIVIL APPLICATION NO.13312 OF 2021 IN FAST/31604/2021 GOVIND BABASAHEB NIRWAL THE STATE OF MAHARASHTRA THR COLLECTOR, JALNA AND ORS 30 CIVIL APPLICATION NO.13316 OF 2021 IN FAST/31613/2021 WITH CA/13318/2021 IN FAST/31616/2021 DEVIDAS BABASAHEB NIRWAL THE STATE OF MAHARASHTRA THR COLLECTOR, JALNA AND ORS
( 5 ) 31 CIVIL APPLICATION NO.13319 OF 2021 IN FAST/31607/2021 WITH CA/13320/2021 IN FAST/31609/2021 RAMBHAU SITARAM BONE THE STATE OF MAHARASHTRA THR COLLECTOR, JALNA AND ORS CIVIL APPLICATION NO.3643 OF 2020 IN FAST/37804/2019 BHASKAR RAOSAHEB BORADE ...
Advocate for Applicant/s : Mr. Kakade Deepak M. AGP for Respondent/State : S/Shri S.P. Tiwari, S.R.Y. Lonikar & Smt. D.S. Jape Advocate for Respondents in respective applications : S/Shri S.G. Chincholkar, Shyam Arora, R.R. Imale, G.N. Patil, S.W. Munde, Pratap Rodge, S.B. Patil, Prashant Shinde, R.M. Gaikwad, R.B. Gaikwad, S.M. Ganachari, D.T. Devane, M.P. Gude, U.P. Giri and Smt. Sunita Shelke ...
CORAM : ANIL L. PANSARE, J.
DATE : 4th July, 2022 P.C.:- Heard learned counsel for the applicants, learned A.G.P. and learned counsel for the acquiring body.
2.
The applicants are the original claimants seeking condonation of delay ranging between 706 to 2598 days in filing appeals against the judgment and award passed by the Reference Court in the L.A.R.
( 6 ) Nos.274/2010, 772/2010, 341/2012, 247/2010, 358/2012, 360/2012, 254/2010, 359/2012, 350/2012, 361/2012, 352/2012, 420/2010, 354/2012, 839/2010, 773/2010, 15/2010, 587/2010, 836/2010, 353/2012, 344/2012, 345/2012, 351/2012 and 355/2012.
3.
Learned counsel for the applicants submit that applicants are poor agriculturists and the acquired land was the only source of income for them. Due to financial constraints and paucity of funds the applicants could not file appeals within the period of limitation. Learned counsel for the applicants, on instructions, submit that the applicants are also ready to forego the interest for the delayed period.
4.
The learned AGP opposed the applications and submits that there is inordinate delay and the same has not been properly explained. 5.
The non-applicants have not attributed mala fides to the applicants in filing belated appeal. Accordingly, for the reasons assigned in the applications for condonation of delay and to advance the cause of substantive justice, the delay deserves to be condoned. Hence, the following order:- i) The applications stand allowed in terms of prayer clause(A), with a rider that the applicants shall not be entitled for the claim of interest on the
( 7 ) compensation amount as awarded by the Reference Court in L.A.R. Nos.274/2010, 772/2010, 341/2012, 247/2010, 358/2012, 360/2012, 254/2010, 359/2012, 350/2012, 361/2012, 352/2012, 420/2010, 354/2012, 839/2010, 773/2010, 15/2010, 587/2010, 836/2010, 353/2012, 344/2012, 345/2012, 351/2012 and 355/2012 for the delayed period. ii) The delay in preferring the appeals stand condoned. iii) Civil Applications are disposed of accordingly. iv) Respective First Appeal Stamp Numbers be registered. [ANIL L. PANSARE, J.] mub