( 1 ) wp6104-08-group IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 6104 OF 2008 Walhu Thavar @ Bhiva Rathod, Since deceased, by his L.Rs. Dalpat Walhu Rathod and others. PETITIONERS VERSUS The State of Maharashtra RESPONDENT WITH WRIT PETITION NO. 6459 of 2008 Dharma Megha Chavan, Since deceased, by L.Rs. Munshi Sarichand Chavan & others. PETITIONERS VERSUS The State of Maharashtra RESPONDENT WITH WRIT PETITION NO. 6491 OF 2008 Dharma Megha Chavan, Since deceased, by L.Rs. Munshi Sarichand Chavan & others. PETITIONERS VERSUS The State of Maharashtra RESPONDENT .... Mr. M.D. Joshi, advocate for the petitioners in all the petitions. Mr. S.V. Kurundkar, Additional Govt. Pleader, for the respondent/State in all the petitions. .... [CORAM : V.R. KINGAONKAR, J.] [DATE : 11th January, 2011] ( 2 ) wp6104-08-group PER COURT : 1. These three (3) petitions are being disposed of finally at the stage of admission in view of the short question involved therein. 2. The petitions are filed against orders whereby the learned Extra Joint District Judge, Aurangabad rejected the applications to permit substitution of the legal representatives of the deceased claimant in the land acquisition proceedings. The land acquisition proceedings were initiated vide References under section 18 of the Land Acquisition Act filed by deceased Walhu Rathod and deceased Munshi Chavan, respectively and were registered as Land Acquisition Reference No. 25/1984 and Land Reference Nos. 22/1984 and 23/1984, respectively. The References were filed in 1983, but the effective hearing could not take place for a long period. The legal representatives of the claimants submitted application for substitution of their names in place of the original claimants on 22nd September, 1985 and 6th August, 1993, respectively. The Reference Court rejected both the applications on the ground that the delay was not properly explained. The Reference Court further held that the delay was caused due to negligence and carelessness of the legal ( 3 ) wp6104-08-group representatives. 3. Heard learned advocate for the petitioners and learned Additional Govt. Pleader. 4. In "Collector, Land Acquisition, Anantnag and another vs. Mst. Katiji and others" AIR 1987 S.C. 1353, the Apex Court held that liberal approach is required to be taken in such matters. The rights of the parties cannot be abrogated due to technical faults. The legal representatives might not have been informed by the deceased (claimants) regarding institution of the Reference cases. The delay was unintentional. The legal representatives of the deceased claimants were not likely to gain anything by committing the delay. 5. True, the condonation of delay for the period between the date of death of the deceased claimant and the date of the application may cause unnecessary financial burden on the Exchequer if the Reference applications are allowed and additional compensation is awarded, in as much as interest and other benefits for that period will be payable. To overcome such difficulty, learned counsel Mr. Joshi submits that the ( 4 ) wp6104-08-group legal representatives will not claim the additional benefits, including interest, over the enhanced compensation as well as other incidental benefits, if any, for the relevant period. Since the legal representatives of the deceased claimant are ready to forgo such benefits for the relevant period of the delay, it would be appropriate to condone the delay and grant the applications for the substitution. 6. In view of the foregoing discussion, the petitions are allowed. The impugned orders are set aside. The delay stands condoned. The substitution applications be deemed as allowed, on the condition that the legal representatives of the deceased claimants shall forego the additional benefits, including interest, or costs or rental compensation, as may be permissible, for the period between the date of death of deceased claimant and the date of application for substitution. The petitions are accordingly allowed. No costs. [V.R. KINGAONKAR] JUDGE NPJ/wp6104-08-group ( 5 ) wp6104-08-group