1 First Appeal No.4274.10+09 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD C.A.4274 OF 2010 IN F.A. ST.NO.28782 OF 2010 WITH C.A.4264 OF 2010 IN F.A. ST.NO.28798 OF 2010 C.A.4265 OF 2010 IN F.A. ST.NO. 28780 OF 2010 C.A.4266 OF 2010 IN F.A. ST.NO. 28698 OF 2010 C.A.4267 OF 2010 IN F.A. ST.NO. 28777 OF 2010 C.A.4268 OF 2010 IN F.A. ST.NO. 28790 OF 2010 C.A.4270 OF 2010 IN F.A. ST.NO. 28795 OF 2010 C.A.4271 OF 2010 IN F.A. ST.NO. 28787 OF 2010 C.A.4272 OF 2010 IN F.A. ST.NO. 28801 OF 2010 C.A.4273 OF 2010 IN F.A. ST.NO. 28775 OF 2010 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders. Court’s or Judge’s Orders Shri.G.D.Kale,Advocate for Applicants. Shri.T.S.Lodhe,APP for Respondent-State. Shri Shirish Sangle,Advocate for R.No.1&3 .... CORAM: K.K. TATED, J. DATE : 13th DECEMBER,2010. PER COURT : 1. Heard learned counsel for the parties. 2. Present Civil Application is preferred by the original claimants for condonation of 785 days delay in preferring the Appeal against the 2 First Appeal No.4274.10+09 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders. Court’s or Judge’s Orders Judgment and Award dated 20th March,2007 passed by the Civil Judge (Senior Division), Nilanga, District Latur in Land Acquisition References. 3. The learned counsel appearing for the applicants submits that the applicants are having no source of income except agricultural income. After passing the Award, applicants applied for certified copies on 2nd April, 2007 and received on 30th April, 2007, but they were unable to arrange for the Court fees and expenses, which are required for filing Appeals. He further submits that they received enhanced compensation in the month of October, 2009. Thereafter, they contacted advocate for filing First Appeals. Thus, there is delay in preferring the Appeals. 3 First Appeal No.4274.10+09 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders. Court’s or Judge’s Orders 4. The learned counsel appearing for respective respondents vehemently opposed the present Civil Application. The learned counsel further submits that applicants failed to disclose the sufficient ground and evidence for condonation of 785 days delay in filing the Appeal. The learned counsel further submits that if delay is condoned, they have to bear financial burden i.e. about statutory benefits payable under amended provisions of Land Acquisition Act, therefore, Civil Applications be dismissed with costs. 5. It is admitted fact that there is delay of 785 days in preferring the Civil Appeals, but considering reasons given in para No. 4 of the Applications about financial difficulties, I am of the opinion that in the interest of justice 4 First Appeal No.4274.10+09 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders. Court’s or Judge’s Orders to condone the delay on payment of cost of Rs. 500/-(Rupees Five Hundred) each in Civil Applications. 6. The Civil Applications are allowed, the delay caused in preferring the appeals against the Judgment and Award dated 20th March, 2007 passed by the Civil Judge (Senior Division), Nilanga, District Latur in Land Acquisition References, is condoned. 7. The Applicants to pay cost of Rs.500/-(Rupees Five Hundred) in each matter to the respondent No.2-Acquiring Body within four weeks from today. The payment of cost is condition precedent. 8. Liberty granted to the respondent No.2-Acquiring Body to raise objection about payment of statutory benefit of 5 First Appeal No.4274.10+09 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders. Court’s or Judge’s Orders this delay period at the time of hearing of Appeals. 9. The Civil Applications are disposed of accordingly. Sd/- [K.K. TATED, J.] MTK