1 CA No.8542 of 2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD Civil Application No.8542 of 2011 In First Appeal Stamp No.13743 Of 2011 With Civil Application No.8541 Of 2011 The State of Maharashtra Through the Collector, Latur. .. Applicant. Versus Mahadu Nivarti Motegaonkar And Others. .. Respondents. -------- With Civil Application No.8544 of 2011 In First Appeal Stamp No.13689 Of 2011 With Civil Application No.8543 Of 2011 The State of Maharashtra Through the Collector, Latur. .. Applicant. Versus Baburao Vithoba Karmude And Others. .. Respondents. Shri. K.S. Patil, Assistant Government Pleader, for applicant. -------- CORAM: R.M. BORDE, J. DATE: 3rd AUGUST 2011 2 CA No.8542 of 2011 PER COURT : 1) These are the applications for seeking condonation of delay of 1458 days occurred in presenting the appeals. The judgment and award which is challenged is delivered by the reference Court on 12-3-2007. Law and Judiciary Department adopted a resolution of presenting appeals against the impugned judgment and award on 7-5-2008. However, directions were also issued to the office of the Government Pleader, High Court Bench at Aurangabad for presenting appeals on 24-11-2008. The appeals, however, came to be presented only after lapse of about 3 years i.e. on 7-6-2011. There is hardly any explanation in respect of occurrence of delay of more than 4 years in presenting the appeals. 2) Apart from the aspect of delay, the appeals presented by the State need not be considered probably for the reasons that the award passed by the reference Court thereby granting enhancement of amount of compensation is reasonable and proper. The Land Acquisition Officer offered compensation at the rate of Rs.22,000/- per hectare whereas, the Reference court has prescribed the market value of the acquired land at Rs.40,000 per hectare i.e. Rs.100/- per R. Considering the moderate amount of enhancement of compensation directed to 3 CA No.8542 of 2011 be paid to the claimants, no interference is called for in the appeals. 3) The applications tendered by the State claiming condonation of delay of 1458 days being devoid of merits stand rejected. The appeals presented by the State, therefore, need not be registered. The appellant / State shall be entitled to claim refund of court fees in accordance with the rules. 4) Civil Applications filed for grant of stay do not survive and stand disposed of. Sd/- (R.M. BORDE, J.) rsl