Bombay High Court
The State Of Maharashtra vs Ayyub Mubarak Jineri And Anr on 28 September, 2018
Author: P.R. Bora
Bench: P.R. Bora
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
906 CIVIL APPLICATION NO.4967 OF 2018
IN FAST/7920/2018
WITH
CA/4968/2018 IN FAST/7920/2018 WITH CA/4969/2018 IN
FAST/7917/2018 WITH CA/4970/2018 IN FAST/7917/2018
WITH CA/4971/2018 IN FAST/7923/2018 WITH
CA/4972/2018 IN FAST/7923/2018 WITH CA/4973/2018 IN
FAST/7914/2018 WITH CA/4975/2018 IN FAST/7914/2018
WITH CA/4976/2018 IN FAST/7783/2018 WITH
CA/4977/2018 IN FAST/7783/2018
THE STATE OF MAHARASHTRA
VERSUS
SITARAM ANNA BANSODE AND ANR
...
Advocate for Applicant : Mrs. SS Raut, AGP
Mr.AM Phule, Adv. For Respondent/s.
...
CORAM : P.R. BORA, J.
DATED : 28th SEPTEMBER, 2018.
PER COURT:-
1. Learned Counsel Shri More submits that he
has instructions to appear in all these matters for
the respondent, i.e. original claimant/s. In the
circumstances, though the office remark shows the
matters in await service category, the service of
notice is held to be complete. The learned counsel
shall file his appearance in all these matters
wherein it has not been filed, on behalf of the
respondent - original claimants.
2. Delay of 1016 days has occurred in filing
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the appeals by the State. Learned AGP Shri Phule
submitted that in making the procedural compliances
the delay has occurred. The learned AGP further
submitted that substantial grounds are raised in
exception to the Awards impugned in the present
appeals. The learned AGP contended that when the
Special Land Acquisition Officer had offered the
compensation @ Rs.550/- per Are, the Reference
Court has enhanced it to Rs.5,500/- per Are. The
learned AGP further submitted that the hike given
in the market value of the acquired lands is
arbitrary. The learned AGP, therefore, prayed for
condoning the delay and to give an opportunity to
the State to prosecute its appeals on merits.
3. Shri More, learned counsel has opposed
for condoning the delay stating that for the huge
delay of more than around three years, no
sufficient reasons are assigned.
4. After having considered the submissions
so made and more particularly having regard to the
fact that ultimately the public money is involved
and in view of the fact that the enhancement, as
has been awarded by the Reference Court is ten
times of the compensation offered by the Special
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Land Acquisition Officer, the entire evidence will
have to be re-scrutinized. I am, therefore,
inclined to allow these applications. Hence, the
following order, -
ORDER
. The delay caused in filing the appeals is condoned. The Civil applications for condonation of delay are disposed of.
5. Learned counsel for the original claimants brought to my notice that though the State has obtained stay subject to deposit of the amount of compensation in this court within 12 weeks and though the said period has expired, the State has not yet deposited the amount of compensation. The learned AGP submits that he will pursue the matter with the concerned authorities and will see that the amount of compensation is deposited as early as possible.
6. Appeals be registered in accordance with law. On registration of the appeals, issue notice to the respondent/s. Advocate Shri More waives service for respondent - original claimant. Service complete.
7. The learned counsel for parties agree ::: Uploaded on - 29/09/2018 ::: Downloaded on - 30/09/2018 02:27:18 ::: (4) that the matters can be disposed of finally at the stage of admission.
8. List the matters for final disposal at admission stage after four weeks.
(P.R. BORA) JUDGE bdv ::: Uploaded on - 29/09/2018 ::: Downloaded on - 30/09/2018 02:27:18 :::