C.A.No.11026 of 2011 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD CIVIL APPLICATION NO.11026 OF 2011 IN FIRST APPEAL ST.NO.10893 OF 2007 (R.C.1545/2010) WITH CIVIL APPLICATION NO.11027 OF 2011 IN FIRST APPEAL ST.NO.10817 OF 2007 (R.C.1546/2010) Sk.Chand Sk.Mahboob (died) (A) Sk.Ibrahim Sk.Chand (died) (on 6.9.2009) (B) Sk.Hanif Sk.Mahboob ..Applicant Versus The State of Maharashtra through Special Land Acquisition Officer, Jayakwadi Project, Aurangabad ..Respondent Mr N.K.Kakade, Advocate holding for Mr M.P.Harjule, Advocate for applicant Mr S.N.Kendre, A.G.P. for respondent-State - WITH CIVIL APPLICATION NO.11028 OF 2011 IN FIRST APPEAL ST.NO.10923 OF 2007 (R.C.1536/2010) Bhanudas Bhujangrao Shisode (died) per L.Rs. (1) Ankush Bhanudas Shisode and ors. ..Applicants Versus C.A.No.11026 of 2011 2 The State of Maharashtra through Special Land Acquisition Officer, Jayakwadi Project, Aurangabad ..Respondent Mr N.K.Kakade, Advocate holding for Mr M.P.Harjule, Advocate for applicants Mr S.N.Kendre, A.G.P. for respondent-State - WITH CIVIL APPLICATION NO.11029 OF 2011 IN FIRST APPEAL ST.NO.10921 OF 2007 (R.C.1417/2010) Suman Murlidhar Solunke ..Applicant Versus The State of Maharashtra through Special Land Acquisition Officer, Jayakwadi Project, Aurangabad ..Respondent Mr N.K.Kakade, Advocate holding for Mr M.P.Harjule, Advocate for applicant Mr S.N.Kendre, A.G.P. for respondent-State - WITH CIVIL APPLICATION NO.11030 OF 2011 IN FIRST APPEAL ST.NO.10909 OF 2007 (R.C.1535/2010) Shivaji Bapurao Shisode and anr. ..Applicants Versus The State of Maharashtra through Special Land Acquisition Officer, Jayakwadi Project, Aurangabad ..Respondent C.A.No.11026 of 2011 3 Mr N.K.Kakade, Advocate holding for Mr M.P.Harjule, Advocate for applicant Mr S.N.Kendre, A.G.P. for respondent-State - WITH CIVIL APPLICATION NO.110318 OF 2011 IN FIRST APPEAL ST.NO.10933 OF 2007 (R.C.1539/2010) Sudam Pandharinath Shisode ..Applicant Versus The State of Maharashtra through Special Land Acquisition Officer, Jayakwadi Project, Aurangabad ..Respondent Mr N.K.Kakade, Advocate holding for Mr M.P.Harjule, Advocate for applicant Mr S.N.Kendre, A.G.P. for respondent-State - WITH CIVIL APPLICATION NO.11032 OF 2011 IN FIRST APPEAL ST.NO.10904 OF 2007 (R.C.1543/2010) Ramrao Madhavrao Shisode (died) Per Lrs (1) Parsharam Ramrao Shisode and ors. ..Applicants Versus The State of Maharashtra through Special Land Acquisition Officer, Jayakwadi Project, Aurangabad ..Respondent Mr N.K.Kakade, Advocate holding for Mr M.P.Harjule, Advocate for applicants Mr S.N.Kendre, A.G.P. for respondent-State C.A.No.11026 of 2011 4 CORAM : MRS MRIDULA BHATKAR, J. DATE : 30th September, 2011 PER COURT 1. Lands of the farmers were acquired for Jayakwadi Project and earlier appeals were filed at principal seat at Bombay and thereafter, the matters were transferred to this Bench. 2. These applications are moved for recalling the conditional order passed on 6.6.2008. By the said order, this Court has allowed the applicants to remove all office objections including the objection related to Court fees within eight weeks from 6.6.2008. On this condition the order passed by the Additional Registrar earlier in 1982 rejecting the registration of the first appeals for non payment of deficit Court fees was set aside. Lands of the farmers were acquired for Jayakwadi Project and earlier appeals were filed at principal seat at Bombay and thereafter, the matters were transferred to this Bench. However, unfortunately, the applicants/appellants though tried to remove most of the objections, some objections were not removed. Hence, the conditional order dated 6.6.2008 was came into force and the matters were dismissed. 3. Learned Counsel for the applicants submits that these applicants are poor farmers and are ready to relinquish the interest for the period of 1171 days which is a delay period. It is pointed out by the learned Counsel that earlier, by order dated 29.7.2011 this Court has allowed applications and the orders were recalled by this Court and the order of dismissal passed by the Additional Registrar was set aside in other connected appeals from the same group. C.A.No.11026 of 2011 5 4. These applications are considered. The appeals were filed in the year 1982. Delay is inordinate. However, as the orders in the other connected appeals are recalled and the appellants are ready to relinquish their interest of the period of delay, the applications can be allowed by imposing costs of Rs.250/- in each appeal. I appreciate gesture of the learned Counsel for the applicants, who shown willingness to pay Rs.250/- costs out of his own pocket. 5. All applications are, therefore, allowed in terms of prayer clause (A), (B) and (C) on payment of costs of Rs.250/- to be paid in each appeal within a period of six weeks from today. Objections to be removed within six weeks from today. ( MRS MRIDULA BHATKAR, J. ) (vvr/11026.11ca)