1 C.A.No. 5309 of 2009 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD CIVIL APPLICATION NO.5312 OF 2009 IN R.C. NO.257 OF 1997 IN FIRST APPEAL ST. NO.22898 OF 1996 Krioshinath Baburao Sonar (Potdar) ..APPLICANT VERSUS The State of Maharashtra ..RESPONDENT Mr V.V. Ingale, Advocate for the applicant; Mrs V.A. Shinde, A.G.P. for respondent - State CORAM : MRS MRIDULA BHATKAR, J. DATE : 20th September, 2011 PER COURT : By this Civil Application the applicant seeks condonation of delay of 11 years and 275 days caused in filing the application for restoration of First Appeal St.No.22898 of 1996 as also for restoration of the said First Appeal by setting aside the order dated 25.2.1997 passed by Registrar of this Court refusing registration of the said appeal. 2 C.A.No. 5309 of 2009 2. First Appeal St.No.22898 of 1996 was filed against the judgment and award passed by the Reference Court. The land of the applicant is acquired by the State. The Special Land Acquisition Officer had fixed the market value of Rs.4,400/- per Acre, against which reference was made and Reference Court has enhanced the amount of compensation between Rs.10,000/- to Rs.14,000/- per Acre, depending upon the potentiality of the portions of the said land. The applicant has claimed amount of the compensation at Rs.20,000/- per Acre. Therefore, he filed the appeal. Office objections in the appeal were not removed and, therefore, the Additional Registrar of this Court refused the registration of the First Appeal vide order dated 25.2.1997. 3. Learned Counsel for the applicant submits that Counsel Mr K.B. Bhise appearing for the appellant did not take care of the appeal and though the registration of the matter was refused, did not communicate the same to the applicant. He further pointed out that in course of time said Advocate has been appointed as a Presenting Officer of Maharashtra Administrative Tribunal, Aurangabad Bench. He submitted that this being an appeal the appellant was under impression and bona fide belief that it will come in due course and, therefore, did not inquire about the same. He further submitted that the appellant now came to know about the dismissal of the appeal and hence he has filed this application for condonation of delay and for setting aside the order passed by the Additional Registrar of this Court refusing the registration 3 C.A.No. 5309 of 2009 of the appeal. 4. Learned Counsel for the applicant submits that the applicant/appellant is ready to forgo the amount of interest which may accrue within a period of 11 years and 275 days. 5. The delay is inordinate and it is difficult to condone such delay. Learned A.G.P. opposes the application. However, the learned Counsel for the applicant has produced a photostat copy of the judgment dated 8.1.2008, in which this Court has enhanced the amount of compensation to Rs.17,000/- per Acre in three connected First Appeals bearing No.574 of 1992, 38 of 1993 and 574 of 1992. The lands in the said appeals situate at the same village and were acquired for the same project and appeals were also preferred against the said judgment and award. Considering this judgment, it is true that the appellant has good chances on merit, especially on the ground of parity and if other necessary points are proved. It is also considered that the appeal is of the year 1996 and at present this Court is taking the appeals of 1994 from the final hearing board and thus, the appeal could not have reached when this application for restoration was filed, i.e. in the year 2008. No doubt, the applicant ought to have been diligent in pursing the matter, but for the reason of the judgment of this Court in similar appeals and in the interest of justice, the delay is condoned, subject to payment of costs of Rs.1,000/-. In the light of this, the order dated 25.2.1997 passed by the Additional Registrar of 4 C.A.No. 5309 of 2009 this Court refusing registration of the First Appeal is set aside and the First Appeal is restored to file. Objections are to be removed till 26.9.2011. 6. The applicant/appellant shall not claim any interest on the claim amount for a period of 11 years and 275 days. ( MRS MRIDULA BHATKAR, J.) amj/ca5312.09