{1} ca782411.odt IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO.7824 OF 2011 IN FIRST APPEAL ST.NO.12503 OF 2011 The State of Maharashtra, through the Collector, Latur. Applicant Versus 1 Pralhad Dharmaji Bajgire, age: 50 years, Occ: Agril., R/o Bavalgaon, Tq.Chakur, District Latur. 2 The Executive Engineer, L.M.I., Zilla Parishad, Latur. Respondents WITH CIVIL APPLICATION NO.7826 OF 2011 IN FIRST APPEAL ST.NO.12503 OF 2011 The State of Maharashtra, through the Collector, Latur. Applicant Versus 1 Vaijnath Raghunath Poddewad, age: 45 years, Occ: Agril., 2 Balaji Raghunath Poddewad, age: 40 years, Occ: Agril., Both R/o Bavalgaon, Tq.Chakur, District Latur. 3 The Executive Engineer, L.M.I., Zilla Parishad, Latur. Respondents Mr. S.N.Kendre, A.G.P. for applicant. {2} ca782411.odt CORAM : R.M.BORDE, J. DATE : 03 rd August, 2011 PER COURT: 1 These are applications seeking condonation of delay of 1953 days occurred in presenting respective appeals. 2 The judgment and award under challenge has been passed by the Reference Court on 29.09.2005. The Law & Judiciary Department of the State has scrutinised the proposal and recorded its decision to prefer appeal against the decision of the Reference Court on 09.03.2006. Certified copies of the judgment and award were collected by the respondents for presenting the appeals only on 07.01.2011 i.e. after more than five years from the date of decision of the Reference Court and the appeals were in fact presented in the month of May-2011. There is absolutely no justifiable reason for occurrence of delay of more than 5 years in presenting the appeals. The applications presented by the State seeking condonation of delay are devoid of substance. 3 Even otherwise on consideration of merits of the matter, the appeals do not deserve favourable consideration. The Land Acquisition Officer offered compensation in respect of acquired lands at the rate of Rs.15500/- per hectare, whereas, enhancement in the amount of compensation awarded by the Reference Court is only @ Rs.22,000/- per acre. 4 Considering the meager amount of compensation, directed {3} ca782411.odt to be paid by way of enhancement, the applications seeking condonation of delay of 1953 days, being devoid of merit, stands rejected. In view of rejection of applications seeking condonation of delay, the appeals need not be registered. The applicant-State shall be entitled to claim refund of court fee in accordance with rules. Pending Civil Applications do not survive and stand disposed of. R.M.BORDE JUDGE adb/ca782411