Shevantabai Wd/O Rama Rohankar v. State Of Maharashtra Through Secretary, Ministry Of Irrigation Department, Mumbai And Others

(1) 38.caf.1940.2022

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO.1940 OF 2022 IN FIRST APPEAL STAMP NO.5750 OF 2021 Shevantabai wd/o Rama Rohankar and others Vs.

State of Maharashtra, through the Secretary, Ministry of Irrigation Department Mantralaya, Mumbai and others ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Mr. S. R. Charpe, Advocate for applicants.

Mr. Amit Kukday, Advocate for non-applicant Nos.2 and 3. Mr. A. M. Kudu, AGP for non-applicant Nos.1, 4 and 5. CORAM :

URMILA JOSHI-PHALKE, J.

DATED : 17/03/2023 1.

Present application is for seeking condonation of delay.

2.

As per contention for the applicants, they have preferred this appeal for enhancement of the compensation as land Reference Court has awarded the inadequate compensation. Their land is already acquired by the Government under the compulsory acquisition. The applicants are the poor illiterate agriculturists were not aware about the legal provisions. Moreover, one of the claimant Rama s/o Pandurang Rohankar was suffering from various ailments and he died due to the said ailments. Present applicants are his legal heirs, they were under grief and therefore, they could not

(2) 38.caf.1940.2022 approach to their counsel to prefer an appeal. Therefore, the delay of 635 days is caused in preferring the appeal. 3, Learned AGP Mr. Kadu for non-applicant Nos.1, 4 and 5 raised objection on the ground that delay is not properly explained.

4.

Learned Advocate Mr. Kukday for nonapplicant Nos.2 and 3 endorsed the same contentions. 5.

Perused the application. In view of the reasons mentioned in the application, it is apparent that sufficient and satisfactory reason is mentioned in the application. The applicant No.6 is an illiterate lady, applicant No.1 is also an illiterate lady and other applicants are the agriculturists who were not aware about the legal provisions and therefore, the delay is caused. It is well settled that while considering the delay application, liberal approach is to be accepted to do the substantial justice.

6.

In view of that, Civil Application No.1940/2022 is disposed of by condoning the delay subject to the waiver of the interest, if the applicants succeed in enhancement of the compensation.

7.

First Appeal be registered.

FIRST APPEAL STAMP NO.

OF 20 1.

Heard.

2.

Admit.

3.

Learned AGP Mr. Kadu, waives notice for respondent Nos.1, 4 and 5.

4.

Learned Advocate Mr. Kukday waives notice

(3) 38.caf.1940.2022 for respondent Nos.2 and 3.

5.

Call for record and proceeding.

6.

Appellants to file paper book within ten weeks, after receipt of the record and proceedings. 7.

Appeal be placed after paper book is filed, its verification.

(URMILA JOSHI-PHALKE, J.) Sarkate SARKATE 14:33