FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD C. A. NO. 2358 OF 2009 IN F. A. (ST.) NO. 2124 OF 2009 C. A. NO. 2359 OF 2009 IN F. A. (ST.) NO. 2266 OF 2009 C. A. NO. 2361 OF 2009 IN F. A. (ST.) NO. 2264 OF 2009 ________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | ________________________________________________________ These applications are for condonation of delay of 917 days caused in filing the appeals. The applicant has preferred appeals against judgment and award dated 28.4.2006, passed by the learned IInd Adhoc Additional District Judge at Ambajogai, District Beed in Land Acquisition References. In the applications, it is averred that after the impugned judgment and award, the application for certified copy was made on 16.8.2007. The certified copies were ready for delivery on 18.8.2007 and the same were collected on the same date. The Law and Judiciary department sanctioned the proposal and forwarded to the office of the Government Pleader in the month of December,2007. The amount for necessary court fees and required expenses were deposited on 3.6.2008. The appeals were drafted on 28.1.2008. The typed copies of the judgment and award were submitted to the office of the Government Pleader on 24.7.2008. The appeals were eventually filed on 29.1.2009. In support of the applications, I have heard Shri. Jadhav, learned A.G.P. Since I was not satisfied with the explanation offered for condonation of delay, I have gone through the impugned judgment and award. The applicant acquired lands of the respondents claimants under the provisions of Land Acquisition Act, 1894 (for short "the Act"). Notification under Section 4 of the Act was issued on 14.2.1991 for acquiring the land for the public purpose of Minor Irrigation Tank at Garsuli. The award was made by the Land Acquisition Officer awarding compensation @ Rs.130/- per R in respect of lands falling in the category of group No.2 and @ Rs.140/- per R in respect of the lands falling in the category of group 3. The respondents claimants claimed compensation @ Rs.1000/- per R. The claimants filed References under Section 18 of the Act. Before the learned District Judge, the claimants produced certified copy of the sale deeds at Exh.26 and 27. Exh. 26 is a copy of sale deed dated 25.10.1989 in respect of the land bearing Gat No. 855. On 25.10.1989, Bhanudas Aba Yadav purchased 40 Are land out of Gat No. 855 for Rs.25,000/-. The rate comes to Rs.625/- per R. Exh.27 is again certified copy of sale deed dated 6.11.1989, wherein remaining portion of Gat No.855 was purchased for Rs. 30,000/-. The rate comes to Rs.714.50 per R. In para 21 of the impugned judgment and award, the learned Judge considered the sale instances and came to the conclusion that the lands covered by those sale deeds were irrigated lands and the lands acquired are Jirayat lands. In view of this he ordered compensation of Rs.400/- per R. After going through the impugned judgment and award, in my opinion, the learned Judge has not awarded exorbitant compensation. Coupled with this fact, even the applicant has not explained the delay properly. Though the judgment and award was passed on 28.4.2006, application for certified copy was made nearly after one year and four months i.e. on 16.8.2007. Though the certified copies were collected on 18.8.2007, the same were submitted to the office of the Government Pleader on 24.7.2008. Again there is delay of about 11 months. The appeals were eventually filed on 29.1.2009. In view of this, no case for condonation of delay is made out. In the result, applications are rejected. In view of the rejection of the applications for condonation of delay, first appeals stand dismissed. (R.G. KETKAR, J.) Date:08.12.2009. rlj/