: 1 : Dixit IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.354 OF 2008 CIVIL APPLICATION NO.354 OF 2008 CIVIL APPLICATION NO.354 OF 2008 IN IN IN FIRST APPEAL (ST.) NO.20728 OF 1998 FIRST APPEAL (ST.) NO.20728 OF 1998 FIRST APPEAL (ST.) NO.20728 OF 1998 The State of Maharashtra ...Applicant V/s. Shankar Bhau Jadhav ...Respondent WITH WITH WITH CIVIL APPLICATION NO.355 OF 2008 CIVIL APPLICATION NO.355 OF 2008 CIVIL APPLICATION NO.355 OF 2008 IN IN IN FIRST APPEAL (ST.) NO.20734 OF 1998 FIRST APPEAL (ST.) NO.20734 OF 1998 FIRST APPEAL (ST.) NO.20734 OF 1998 The State of Maharashtra ...Applicant V/s. Dhondiram Bando Dattu ...Respondent WITH WITH WITH CIVIL APPLICATION NO.358 OF 2008 CIVIL APPLICATION NO.358 OF 2008 CIVIL APPLICATION NO.358 OF 2008 IN IN IN FIRST APPEAL (ST.) NO.20724 OF 1998 FIRST APPEAL (ST.) NO.20724 OF 1998 FIRST APPEAL (ST.) NO.20724 OF 1998 The State of Maharashtra ...Applicant V/s. Devappa Tukaram Kondubhairi ...Respondent WITH WITH WITH CIVIL APPLICATION NO.360 OF 2008 CIVIL APPLICATION NO.360 OF 2008 CIVIL APPLICATION NO.360 OF 2008 IN IN IN FIRST APPEAL (ST.) NO.20731 OF 1998 FIRST APPEAL (ST.) NO.20731 OF 1998 FIRST APPEAL (ST.) NO.20731 OF 1998 The State of Maharashtra ...Applicant V/s. Dhondiram Gaurihar Ruat (Teli) ...Respondent Ms.S.P. Manchekar, AGP, for the Applicant-State. CORAM : ABHAY S. OKA, J. CORAM : ABHAY S. OKA, J. CORAM : ABHAY S. OKA, J. DATE : 29TH JANUARY, 2008. DATE : 29TH JANUARY, 2008. DATE : 29TH JANUARY, 2008. P.C.: P.C.: P.C.: 1. Heard the learned AGP for the applicant. This : 2 : is an application for condonation of delay in preferring an Appeal against the Judgment and Award dated 18th July, 1995 passed by the learned Civil Judge Senior Division at Pandharpur. The Award has been made under Section 18 of the Land Acquisition Act, 1894. The present application for condonation of delay was filed on 30th June, 1998. The said application was not registered for the last 10 years as objections in the application were not removed. That is the reason why this application is coming on board for the first time after 10 years. The delay in preferring the Appeal is almost of 3 years. 2. After having heard the learned AGP for the applicant, I find that there is no explanation for long delay of 3 years. As pointed out earlier, the impugned Award has been passed on 18th July, 1995. In the Application it is asserted that on 27th September, 1995, the District Government Pleader informed the Law and Judiciary Department about the impugned Award and recommended that an Appeal should be preferred against the impugned Award. Thereafter there is a reference to letter dated 22nd September, 1995 sent by the Special Land Acquisition Officer requesting the District Rehabilitation Officer to deposit the requisite amount for applying for certified copy of : 3 : the Judgment and Award. The Application for obtaining certified copy was made on 3rd February, 1998 i.e. nearly after expiry of 2 years and 6 months from the date of the Award. There is virtually no explanation for such a long delay. Apart from this fact, the amount of enhancement granted in the market value by the impugned Award is comparatively very small. 3. Considering all the aspects, no case is made out for condonation of delay. Hence the Application is rejected. [ABHAY S. OKA, J.] [ABHAY S. OKA, J.] [ABHAY S. OKA, J.]