FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION NO.10456 OF 2008 IN FIRST APPEAL (ST.) NO.18744 OF 2008 ________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | ________________________________________________________ Heard Shri Korde, learned A.G.P. for the applicant and Shri Jayabhar, learned Counsel for the respondent. 2 This application is taken out for condonation of delay of 699 days caused in filing the first appeal. The appeal is directed against the judgment and award dated 28th April, 2006. It is averred in the application that the application for certified copy was made on 29th April, 2006. The certified copy was ready and delivered on 28th July, 2006. The Law & Judiciary Department sanctioned the proposal and forwarded it to the office of the Government Pleader on 2nd February, 2007. It is contended that after preparing copies of the judgment and order and difference chart, the same were submitted to the office of the Government Pleader on 22nd January, 2008. Demand Draft of Court Fees was collected from acquiring body and deposited in the office of the Government Pleader on 28th May, 2008 and thereafter, the appeal was filed on 23rd September, 2008. 3 On merits, it is submitted that the Special Land Acquisition Officer awarded compensation at the rate of Rs.245/- per R which was enhanced by the reference Court at the rate of Rs.1000/- per R. Perusal of the impugned order indicates that the reference was partly allowed and the respondents 1 and 2 – applicants herein were directed to pay an amount of Rs.22,118/- as enhanced compensation inclusive of solatium and component. They were further directed to pay interest under Section 28 of the Land Acquisition Act, 1894 to the claimant @ 9% per annum on the enhanced amount of Rs. 22118/- from 25th September, 1999 to 24th September, 2000 and @ 15% p.a. on the aforesaid amount from 25th September, 2000 till realization of entire amount. Rest of the claim inclusive of interest under Section 34 of the said Act and enhanced compensation pertaining to Jujube and Tamarind tree was however, rejected. 4 Though the applicants have not satisfactorily explained the delay occasioned between 5th February, 2007 to 28th May, 2008 as also from 28th May, 2008 to 23rd September, 2008, considering the controversy raised in the appeal, in my opinion, the delay deserves to be condoned. 5 Hence, in the interest of justice, civil application is allowed in terms of prayer clause (B) on paying costs of Rs.1000/- by the applicant to the respondents. The amount of costs should be paid within a period of eight weeks. In case the amount of costs is not paid within the stipulated period, the civil application shall stand dismissed without reference to the Court. (R.G. KETKAR, J.) 20.11.2009. PLK/*