1 c.a.439.11 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD C.A.NO.439 OF 2011 IN F.A.ST.NO.38459 OF 2010 WITH FIRST APPEAL STAMP NO.38459 OF 2010 [The State of Maharashtra and ors Vs. Tukaram Piraji through LRS and others] WITH C.A.NO.440 OF 2011 IN F.A.ST.NO.38521 OF 2010 WITH FIRST APPEAL STAMP NO.38521 OF 2010 WITH C.A.NO.441 OF 2011 IN F.A.ST.NO.38519 OF 2010 WITH FIRST APPEAL STAMP NO.38519 OF 2010 WITH C.A.NO.442 OF 2011 IN F.A.ST.NO.38517 OF 2010 WITH FIRST APPEAL STAMP NO.38517 OF 2010 WITH C.A.NO.443 OF 2011 IN F.A.ST.NO.38515 OF 2010 WITH FIRST APPEAL STAMP NO.38515 OF 2010 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders. Court’s or Judge’s Orders Shri.T.S.Lodhe,Advocate for applicants .... CORAM: R.M.BORDE, J. DATE : 2ND AUGUST,2011. PER COURT : . These are applications seeking condonation of delay of 1975 days 2 c.a.439.11 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders. Court’s or Judge’s Orders occurred in presenting first appeals. The Judgment and Award is passed by the Reference Court on 28.04.2005. The application was moved actually in the year 2009 i.e. after lapse of four years for securing certified copies of the Judgment and Award. The Law and Judiciary Department resolved to prefer an appeal against the said Judgment and Award in the year 2006 and communicated the said decision to the Government pleader accordingly on 17.05.2006. However, the appeals were actually presented at the end of year 2010 i.e on 23.12.2010. There is absolutely no explanation as regards occurrence of huge delay of about 1975 days, in presenting the appeals. The application seeking condonation of delay is devoid of merits, hence stands rejected. 2. Apart from this aspect, on considering the merits, the appeals do not deserve consideration. The land Acquisition Officer offered compensation in respect of acquired land at the rate of Rs.160/- Per R, whereas Reference Court awarded compensation at the rate of 3 c.a.439.11 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders. Court’s or Judge’s Orders Rs.500/- per R. On considering the merit, the amount of enhancement directed to be paid by the the Reference Court is quite moderate. 3. In view of disposal of application seeking condonation of delay the appeals need not be registered. The applicant- State shall be entitled to refund the Court Fees as per rules. 3. Pending Civil application seeking stay do not survive and stands disposed of. Sd/- [ R.M.BORDE, J.] MTK