Shantlingappa Rudrappa Mathdevru (Died) Thr Lrs Shakuntalabai And ORS v. The State Of Maharashtra And ORS

959-CA-1862-20.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.1862 OF 2020 IN FAST/41335/2019 SHANTLINGAPPA RUDRAPPA MATHDEVRU (DIED) THR LRS SHAKUNTALABAI AND ORS

VERSUS

THE STATE OF MAHARASHTRA AND ORS ...

Advocate for Applicants : Mr. G. N. Chincholkar AGP for Respondents No. 1 and 3 : Mr. Y. G. Gujrathi Advocate for Respondent No.2 : Mr. Ranjit B. Gaikwad ...

CORAM :

ANIL S. KILOR, J.

DATE : 8th APRIL, 2021 PER COURT :- 1.

This is an application filed by applicants-claimants in land acquisition reference for enhancement of compensation. This application was filed in the year 2019 for condonation of delay of 3714 days caused in filing first appeal.

2.

In the application, the applicants have stated that they are not having knowledge of legal proceedings pending in the Court as their father was looking after the same during their life time. So also, due to financial condition they were not in a position to file the appeal within limitation, hence there is delay in filing the appeal. It is also pointed out that connected matter has already been allowed by this Court and thereby compensation has been enhanced. Hence, the appeal was filed along with application for condonation of delay.

3. This application is pending from two years, no reply has been filed by any of the respondents-non-applicants opposing the application. But,

959-CA-1862-20.odt learned counsel appearing for respondent -Acquiring Body has orally opposed the application.

4.

In the above backdrop, in absence of serious objection to the application for condonation of delay and looking to the matter which is arising out of the land acquisition reference and since in a connected matter this Court has already enhanced the compensation, which is not disputed by any of the respondents, I am of the opinion that, in such a matter, liberal approach needs to be adopted. Thus, looking to the nature of the matter, I am of the opinion that, it would be appropriate to condone the delay 5.

In that view of the matter, the civil application for condonation of delay is allowed. The delay of 3714 days caused to file an appeal is hereby condoned. However, it is made clear that as regards to entitlement of the applicants-claimants for the interest on the amount of compensation if enhanced, for the delayed period, will be considered at the time of final hearing.

6.

The office is directed to register the first appeal and place the same before the Court in admission category.

7.

The civil application is allowed and disposed of accordingly. ( ANIL S. KILOR ) JUDGE mtk