Sk. Yasin Sk. Raj (Dead), Through Lrs. Sk. Jalal S/O. Yasin And Others v. The State Of Maha., Through Collector, Yavatmal And Others

CAF No. 2828 of 2016 .odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAF) NO. 2828 OF 2016 IN FIRST APPEAL STAMP NO. 25079 OF 2015 ( Sk.Yasin Sk.Raj(dead) through Lrs. Sk.Jalal and others..vs..State of Maharashtra and others) _______________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

CORAM : S.B.SHUKRE, J.

DATED : JUNE 19, 2017 Heard Shri V.K.Paliwal learned counsel for the applicants-appellants and Shri S.S.Godbole learned counsel for respondent no.2.

This application has been opposed particularly by Shri.S.S.Godbole, learned counsel for respondent no.2. It is submitted that amount has been received on 27/8/2013 and no explanation, whatsoever, has been given for passage of period of two years from that onwards till filing of this application along with memo of appeal in December-2015. Shri Godbole, learned counsel for respondent no.2 is right in his submission. No reason has been stated about the delay which occurred in filing of this application after payment of the compensation amount. However, it appears that the main ground taken in this application is of acquisition of the knowledge by the claimants regarding other land holders similarly situated having been granted higher compensation. So, the appellants now wish to

CAF No. 2828 of 2016 .odt file an appeal for redressal of their grievance that they have been discriminated. In such a situation the Court would have to take a lenient view and even though the date of acquisition of knowledge is not stated in the application, this Court has to ignore the same for the reason that the equality before law is the principle which the Courts have to uphold in every case and at any cost. For these reasons, I find that this application deserves to be allowed of course without any condition. In a similar Civil Application (CAF) No.2851/2018, wherein same notification was involved, this Court had condoned the delay of 3068 days subject to the condition that the claimant shall furnish an undertaking to the Court that claimant/appellant would not claim any interest for the delayed period.

A similar undertaking would also be taken from the appellants-claimants in the instant case. In the result, this application stands allowed subject to the condition that the appellants/claimants shall not claim any interest on the compensation amount, if enhanced by this Court from the date of the award of the reference Court till the filing of the appeal.

CIVIL APPLICATION NO.2829/2016 Application is disposed of in terms of the order passed in Civil Application ( C.A.F.)No.2828/2016.

JUDGE kitey