1 CA No.11830 of 2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD Civil Application No.11830 of 2010 In First Appeal Stamp No.21203 Of 2010 With Civil Application No.11831 Of 2010 The State of Maharashtra Through the Collector, Osmanabad. .. Applicant. Versus Shivaji s/o. Namdeo Ghodke. .. Respondent. -------- With Civil Application No.11832 of 2010 In First Appeal Stamp No.21146 Of 2010 With Civil Application No.11833 Of 2010 The State of Maharashtra Through the Collector, Osmanabad. .. Applicant. Versus Nanga s/o Mahala Survase died his legal representatives Hirkanabai w/o Nanga Survase and others. .. Respondents. --------- Shri. K.S. Patil, Assistant Government Pleader, for applicant. -------- 2 CA No.11830 of 2010 CORAM: R.M. BORDE, J. DATE: 3rd AUGUST 2011 PER COURT : 1) These are the applications for seeking condonation of delay of 932 days occurred in presenting the appeals. The judgment and award under challenge was pronounced on 5-10-2007. Proposal in respect of presentation of appeals was forwarded and the Law and Judiciary Department resolved to prefer appeal and communicated its decision to the Government Pleader, High Court Bench at Aurangabad on 3-12-2007. The appeals, however, came to be presented after three years of the communication i.e. 22-7-2010. There is absolutely no reasonable explanation in respect of occurrence of the delay of about 3 years. The applications seeking condonation of delay being devoid of substance deserve to be rejected. 2) The another aspect that is required to be considered is that the enhancement in the amount of compensation directed by the Reference Court is also quite marginal. The Special Land Acquisition Officer prescribed the value of the acquired land at the rate of Rs.4,000/- per acre which has been enhanced to Rs. 12,000/- by the Reference Court. Considering the marginal amount of enhancement directed by the Reference Court the appeals do not deserve favourable consideration. 3 CA No.11830 of 2010 3) The applications tendered by the State seeking condonation of delay of 932 days occurred in presenting the appeals being without merit stand rejected. Consequently the appeals preferred 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