FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION NO. 1985 OF 2009 IN FIRST APPEAL (ST.) NO. 2899 OF 2009 ________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | ________________________________________________________ This application is for condonation of delay of 891 days caused in filing the first appeal. The applicant has preferred the first appeal against the judgment and award dated 24.5.2006, passed by the learned Additional District Judge, Parbhani in Land Acquisition Reference No. 86 of 1998. Heard Shri. Yadav, learned counsel for the applicant and Shri. Jadhav, learned A.G.P. for the respondent Nos. 1 and 2. Though respondent No.3 is served, nobody appears on behalf of the third respondent. Learned counsel for the applicant submitted that in the present case, the notification under Section 4 of the Land Acquisition Act, 1894 (for short “the Act”), was issued on 24.2.1992, for the purpose of construction of Lower Dudhna Project. The award was made on 12.1.1995. The applicants original claimants claimed compensation @ Rs.1,25,000/- per hectare, As against this, the S.L.A.O. awarded compensation @ Rs.36,000/- per hectare. The applicants preferred Reference under Section 18 of the Act, which was partly allowed and the Reference Court enhanced compensation to Rs.50,000/- per hectare. Learned counsel for the applicant submitted that against the Land Acquisition Reference decided by the Reference Court, arising out of the same facts and circumstances, the appeals have been admitted by this court, after condoning the delay subject to payment of costs. He invited my attention to the order dated 19.1.2009, passed by this Court (S. B. Deshmukh, J.) in civil application No. 5565 of 2007 in first appeal (St.) No. 11713 of 2007, as also the order dated 8.10.2009 in first appeal No.364 of 2009. Considering the fact that the appeals arising out of the same facts and circumstances are admitted after condoning the delay, subject to payment of costs, in my opinion, on the principle of parity, this application also deserves to be allowed thereby condoning the delay, subject to payment of costs. Hence, civil application is allowed in terms of prayer clause “B”, on the condition of the applicant paying an amount of Rs.750/- within six weeks from today, to be paid to the Bar Association, High Court, Aurangabad. If the costs is not paid within stipulated period, civil application shall stand dismissed without further reference to the court. (R.G. KETKAR, J.) 05.12.2009. rlj/ FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD FIRST APPEAL (ST.) NO. 2899 OF 2009 ________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | ________________________________________________________ Not on board. Mentioned. By consent taken up for hearing. Heard Shri Yadav, leaned counsel or the applicant and Shri Jadhav, learned A.G.P. for respondent No.1 and 2. Admit Shri. Jadhav, waives service on behalf of respondent Nos.1 and 2. Call for record and proceeding. To be heard alongwith first appeal No. 364 of 2009 alongwith companion appeals. (R.G. KETKAR, J.) 05.12.2009. rlj/