Bombay High Court
Dwarkabai Laxman Koli (Died) Thr Lrs ... vs The Dy. Collector, (Land Acquisition - 1 ... on 17 February, 2020
Author: K.K.Sonawane
Bench: K.K.Sonawane
{1} CA 1928 OF 2020 & ORS
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
30 CIVIL APPLICATION NO.1928 OF 2020
IN FAST/2040/2020
UTTAM SHIVAJI JOHARE
VERSUS
THE DY. COLLECTOR, (LAND ACQUISITION - 1 ) U.T.P. (HATNOOR)
JALGAON AND ANR
...
WITH CA/1917/2020 IN FAST/2047/2020
WITH CA/1918/2020 IN FAST/2053/2020
WITH CA/1920/2020 IN FAST/2042/2020
WITH CA/1921/2020 IN FAST/2044/2020
WITH CA/1922/2020 IN FAST/2051/2020
WITH CA/1923/2020 IN FAST/2049/2020
WITH CA/1924/2020 IN FAST/2056/2020
WITH CA/1925/2020 IN FAST/2058/2020
WITH CA/1926/2020 IN FAST/2075/2020
WITH CA/1927/2020 IN FAST/2060/2020
WITH CA/1929/2020 IN FAST/2063/2020
WITH CA/1930/2020 IN FAST/2068/2020
...
Advocate for Applicants : Mr.Vijay Y.Patil
AGP for Respondent-State: Mr.S.N.Morampalle
Advocate for Respondent-Acquiring Body : Mr.A.D.Pawar
...
CORAM : K.K.SONAWANE, J.
DATE: 17th February, 2020 PER COURT:- 1. Heard learned counsel for the applicants. Issue notice to the respondents. Learned AGP waives service of notice for respondent
No.1-State Authority. Mr.A.D.Pawar, learned counsel waives service of notice for respondent No.2-Acquiring Body.
2. Heard learned counsel for the applicants-claimants and learned counsel for the respondent-Acquiring Body as well as learned AGP for respondent-State Authority.
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3. It has been submitted on behalf of the applicants-claimants that delay caused in fling the appeals is not intentional or deliberate, but it caused due to unavoidable circumstances as well fnancial crises for fling the present appeals. The learned counsel further added that applicants - appellants will not claim statutory benefts as well as amount of interest as laid down in the Land Acquisition Act, 1894, for the period of delay sought to be condoned, in case of success of appeals on merit. Hence, learned counsel for applicants prayed for condonation of delay.
4. Learned counsel for the respondent-Acquiring Body and learned AGP for respondent-State Authority submit that there is inordinate delay, which has not been explained satisfactorily, therefore, the same cannot be condoned and prayed for rejection of applications.
5. Perused the applications and relevant documents on record. Admittedly, the matters pertain to enhancement of compensation for the lands under acquisition. The learned Reference Court partly allowed the Reference Petitions fled by the applicants under section 18 of the Land Acquisition Act, 1894. The applicants intend to challenge the fndings for awarding meager compensation amount and also intend to seek enhancement of compensation.
6. In view of the aforesaid submissions and for the reasons mentioned in the applications that the delay so caused in fling the appeals was only due to unavoidable circumstances as well fnancial crises, I fnd it justifable to give reasonable opportunity to the applicants-appellants in the interest of justice to ventilate grievances before the Appellate Forum. There is sufcient cause to allow the applications for condonation of delay. In addition, the applicants- claimants have shown their willingness / inclination that they will not claim statutory benefts as well as amount of interest as mentioned above. In such circumstances, by imposing aforesaid fetter of waiver of statutory benefts and interest amount etc. on the part of applicants-
::: Uploaded on - 24/02/2020 ::: Downloaded on - 10/06/2020 08:14:21 :::{3} CA 1928 OF 2020 & ORS appellants, there would not be any impediment to condone the delay. It is settled law that liberal and pragmatic approach is essential to be adopted by avoiding pedantic approach while dealing with the application for consideration of delay. Therefore, the applications for condonation of delay are required to be allowed.
7. In sequel, applications are allowed in terms of prayer clause "B". Delay caused to present the appeals against the impugned Judgment and Award stands condoned subject to condition that applicants- appellants shall not claim statutory benefts as well as amount of interest as laid down in the Land Acquisition Act, 1894, for the delayed period allowed to be condoned, in case, any enhanced compensation is awarded by this Court after adjudication of appeals on merit.
8. Pursuant to aforesaid waiver of statutory claim, the applicants- appellants shall furnish undertakings to that efect and place it on record of the appeals to enable this Court to take note of the same, while decision of the appeals on merit. Registry to take requisite steps for further process. The civil applications are disposed of.
9. On registration of appeals, issue notice of admission of appeals to the respondents. Mr.A.D.Pawar, learned counsel waives service of notice for respondent-Acquiring Body, whereas learned AGP waives service of notice for respondent-State Authority.
10. Meanwhile, call for record and proceedings from the concerned learned Reference Court.
11. After compliance of procedural formalities, list the appeals for further process in due course.
( K.K.SONAWANE ) JUDGE SPT ::: Uploaded on - 24/02/2020 ::: Downloaded on - 10/06/2020 08:14:21 :::