FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD C.A.NO.9660/08, 9661/08, 9662/08 IN F.A.ST.NO.17077/2008 C.A.NO.9671/08, 9669/08, 9670/08 IN F.A.ST.NO.17106/2008 C.A.NO.9667/08, 9668/08 IN F.A.ST.NO.17111/2008 ______________________________________________________________________ Office Notes, Office Memoranda ¦ of Coram, appearances, Court’s ¦ Court’s or Judge’s orders orders or directions and ¦ Registrar’s orders ¦ ______________________________________________________________________ Shri B.R. Surwase, Adv. for the Applicants. Shri S.B. Wadmare, A.G.P. for State- absent. CORAM : K.U.CHANDIWAL,J. CORAM : K.U.CHANDIWAL,J. CORAM : K.U.CHANDIWAL,J. DATE : 09/06/2009 DATE : 09/06/2009 DATE : 09/06/2009 . Heard counsel for the acquiring body. The Respondent Nos. 1 and 2 in spite of service absent. The acquiring body feels aggrieved by the award under challenge. It is informed that though the judgment was dated 29/8/2005, the acquiring body was impleaded in the respective References on 7/1/2005 and unfortunately according to the counsel they were not served though it was incumbent to be served. The acquiring body feels aggrieved by the award of enhancement where the learned Judge has considered the additional compensation treating the acquiring land with potentiality of Non-agricultural use and compensation .. 2 .. ______________________________________________________________________ Office Notes, Office Memoranda ¦ of Coram, appearances, Court’s ¦ Court’s or Judge’s orders orders or directions and ¦ Registrar’s orders ¦ ______________________________________________________________________ at the rate of Rs.4/- square feet was awarded while the learned SLAO has awarded compensation of Rs.150/- per Aar. 2) Since the interest of the acquiring body which has came in picture in the year 1998 by virtue of Government notification is adversely affected by award under challenge. Leave to file appeal is allowed in group matters. Respective applications are allowed. 3) There is delay of 1010 days in the matter. The delay apparently is not deliberate. In the matter it is reveal that in spite of amendment the order dated 27/8/2005, the Respondent No.2 i.e. acquiring body was not communicated about the award under challenge. They learnt of the same only on filing execution in R.D. NO. 40/2007 dated 23rd August, 2007. On getting such notice of execution an .. 3 .. ______________________________________________________________________ Office Notes, Office Memoranda ¦ of Coram, appearances, Court’s ¦ Court’s or Judge’s orders orders or directions and ¦ Registrar’s orders ¦ ______________________________________________________________________ application was moved to the S.L.A.O. on 17/11/2007, which indicated earlier 4 reminders were also sent to the said authority soliciting information as to whether State has preferred any appeal or whether the amount under enhanced claim is deposited. However, unfortunately, there is no response from SLAO to such communication. On 7/12/2007 another letter in the same proceeding was issued to the SLAO seeking information as to what amount to be deposited. 4) The Deputy Secretary by letter dated 25th March, 2008 directed to inform that Government has decided to file appeal against the judgment of the IInd Ad-hoc Additional District Judge dated 28/9/2005 and directed the Government Pleader to prefer the appeal and to obtain stay. Enquiry with the office of Government pleader was made by communication dated 21st August, 2008. However, there was no response .. 4 .. ______________________________________________________________________ Office Notes, Office Memoranda ¦ of Coram, appearances, Court’s ¦ Court’s or Judge’s orders orders or directions and ¦ Registrar’s orders ¦ ______________________________________________________________________ as to whether the appeal is preferred or not. 5) The above exercise has taken time in the matter, to cause exorbitant delay as referred earlier. 6) The delay in the facts circumstances illustrated cannot be attributed to the slackness of the appellant/ acquiring body as the slackness and apathy shown in the matter is at all levels of Government which principally indicate that they were more lean to allow the situation to further deteriorate. Hence the delay in causing to file appeal is condoned. The respective applications in the group matters are allowed. 7) Heard Shri Surose in respective applications. Execution proceeding is initiated at executing court at Latur. The appellant feels aggrieved by the award dated 29/8/2005 .. 5 .. ______________________________________________________________________ Office Notes, Office Memoranda ¦ of Coram, appearances, Court’s ¦ Court’s or Judge’s orders orders or directions and ¦ Registrar’s orders ¦ ______________________________________________________________________ in respective L.A.R. of 1994 when the SLAO has passed the award in 1988. On the appellant depositing the entire amount covered under the award within 2 months before the Executing Court the operation of the judgment and award under challenge in each of the land reference dated 29/8/2005 is stayed. Respective applications for stay are allowed. Dt.09/06/2009 (K.U.CHANDIWAL) (K.U.CHANDIWAL) (K.U.CHANDIWAL) JUDGE JUDGE JUDGE cmg/ca966008