1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD 25. CA/4286/2009 In FAST/8010/2009 WITH CA/4287/2009 In FAST/8058/2009 ----------------------------------------------------------------------------------------------------------- Office notes, office Memoranda of Coram,appearances, Court’s orders Court’s or Judge’s orders. or directions and Registrar’s orders ----------------------------------------------------------------------------------------------------------- Mrs. RK Laddha, AGP for State. ___ CORAM : K.U.CHANDIWAL, J. DATE : 19th December, 2009. ... 1) Heard learned AGP. 2) The delay of 568 days in causing to file the appeal is the subject. The applications display that after receiving the certified copies of the Award dated 31.1.2007, proposal was sent to the office of Government Pleader, High Court, Bench at Aurangabad, received on 1.1.2008, First Appeal was drafted. However, for want of the court fees, Certified copy of the subject matter, different charts, even typed copies of the Judgment, the appeals could not be filed in time. The delay, in the set of above facts, does not project sufficiency to condone the same. 2 3) The respective applications lack merit, they are dismissed. 4) Incidentally, the learned AGP criticized the very Award of the Reference Court. She ha stated that though the land was Jirayat (non-irrigated), but the consideration seems to be for compensation of irrigated land. I find that the enhancement effected by the learned Judge is @ Rs. 35,000/- per Acre as against the SLAO granting Rs. 313/- per R. The learned Judge has also considered the distance of taluka headquarter, the population of village Utaka, the evenness of the land, being adjacent to Ausa to Umarga road. The appreciation also does not deserve any criticism. 5) The appeals dismissed. Necessary court fees be refunded as per the Rules. (K.U.CHANDIWAL) JUDGE bdv/ca4286.09