16-CAFST12307-12.DOC Atul IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION ST NO.12307 OF 2012 IN FIRST APPEAL ST NO. 19926 OF 1997 WITH CIVIL APPLICATION NO. 3583 OF 2001 The State of Maharashtra …Applicant Versus Baba Santu Vagare …Respondent Mr Ameet A Palkar, AGP, for the Appellant/Applicant-State. None for the Respondent. CORAM: G.S. PATEL, J DATED: 4th July 2017 PC:- 1. There is a delay of over eight years in filing the present Civil Application for bringing on record the heirs and legal representatives of the deceased, sole Respondent. The explanation given is that by the time the Respondent could be served, he had passed away, and it then took time between the offices of the Collector and the Talati to find his heirs. This is an inordinate delay even for the government, and even granting that some allowance will have to be made given that these are acquisition proceedings, and it Page 1 of 3 4th July 2017 16-CAFST12307-12.DOC would not ordinarily be possible to overlook this kind of delay. The only reason to condone the delay and to allow the impleadment has nothing at all to do with the government, but to do with the claimant’s legal heirs. If they are not impleaded, they will probably not be able to access whatever compensation has been awarded. Their interests are better served by the impleadment and by their presence in this Court. 2. I will also clarify that at the final hearing of the Appeal, this delay, though now condoned, will be a factor taken into account while assessing the appeal on merits. Given the amount awarded, and the constant rise in the cost of living index, and the steady decline in the purchasing power of the rupee, some adjustment may require to be made to compensate for this delay which is in no way attributable to the original claimant or his legal heirs. The Government will have to take a decision at the earliest whether to press the appeal or not. 3. The abatement in respect of Civil Application No. 3583 of 2001 is set aside. 4. Civil Application (St) No. 12307 of 2012 is disposed of in these terms. No costs. 5. Amendments to be carried out within three weeks from today without need of reverification. If the amendment is not carried out within the stipulated period, the Civil Application stand dismissed without further reference to the Court. Page 2 of 3 4th July 2017 16-CAFST12307-12.DOC 6. Civil Application No. 3583 of 2001 is for condonation of delay in filing the First Appeal. Delay condoned. Civil Application No. 3583 of 2001 is made absolute and disposed of as such. No costs. (G. S. PATEL, J) Page 3 of 3 4th July 2017