Vaijayanta Malsid Shendge v. The State Of Maharashtra And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 919 CIVIL APPLICATION NO.6288 OF 2018 IN FAST/38701/2017 VAIJAYANTA MALSI8 SHENN8EEN VENRSUS THEN STATEN OF MAHARASHTRA AN8 ORS ...

Advocate for Applicants : Mr. Shinde Shrikishan S. AEP for Respondents: Mr. S P 8eshmukh ...

CORAM : V.K. JA8HAV, J.

8ated: April 22, 2022 ...

PER COURT :- 1.

Heard the learned counsel for the applicant/original claimant and the learned AEP for respondent nos.1 and 2. Though, respondent no.3acquiring body is duly served, none appears. 2.

Being aggrieved by the common judgment and award dated 20.1.2016 passed by the Civil Judge, S.8., Paranda in LAR No.831 of 2011, the applicant/original claimant has preferred an appeal, which is delayed by 596 days.

3.

Learned counsel for the applicant submits that the applicant is the old lady and is pulling her life in miserable condition. The land which was the source of

her livelihood has been acquired by the respondents. 8ue to poor fnancial condition, the applicant could not make arrangement for payment of the Court fees required for fling the frst appeal. There is no intentional delay.

4.

The learned AEP submits that there is an inordinate delay, which is not explained satisfactorily. Further, in the alternate, the learned AEP submits that the applicant/original claimant may not be entitled for the interest of the delayed period, in the event if she succeed in the appeal.

5.

The applicant/original claimant is the poor agriculturist. Land which was the only source of her livelihood has been acquired, she could not prefer the appeal only after receipt of certain amount of compensation. There is no intentional delay, as such. The respondents/State and the acquiring body are at liberty to make appropriate submissions at the time of fnal hearing of the appeal about interest of the delayed period, however, I am inclined to condone the delay. The

application is accordingly allowed in terms of prayer clause 'B' and disposed of accordingly.

( V.K. JADHAV, J. ) ...