ca2189.02.odt 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Civil Application No. 2189/2002 in First Appeal No. 1765/2002 State of Maharashtra thr. Collector, Buldhana ..vs.. Vithoba Chahala Patil & 4 ors. Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's orders Mr. D.M. Kale, A.G.P. for applicant. Coram: R. K. Deshpande, J. Date : January 7, 2010 1. This is an application for condonation of 244 days delay caused in filing the appeal challenging judgment and order dated 21.02.2001, passed by learned Jt. Civil Judge Senior Division, Buldhana in Land Acquisition Case No. 213/1993. Operative part of the order is reproduced as below:- “A) The reference petitions No. 213, 214, 218, 220 & 222 of 1993 are partly allowed with proportionate costs. B) The opponent state do pay additional compensation of (i) Rs. 2,290.75 Ps. to the claimant of LAC No. 213/93, (ii) Rs. 2,258.25 to the claimants of LAC No 214/93, (iii) Rs. 542.50 Ps to the claimants of LAC No. ca2189.02.odt 2 218/93, (iv) Rs. 1,354.75 Ps to the claimant of LAC No. 220/93 & (v) Rs. 903.50 Ps. to the claimant of LAC No. 222.50. C) All the claimants are entitled to claim interest under Sec. 28 of the L. A. Act on the additional compensation @ 9% per annum from the date of award 31.03.1993 till 30.03.1994 i.e. for the period of 1 year and the interest @ 15% per annum from 31.03.94 till realization of the amount. D) Bill of costs be prepared accordingly. E) Copy of this judgment be kept in LAC No. 214, 218, 220 & 222 of 1993.” 2. The Land Acquisition Officer granted compensation at the rate of Rs. 10,000/- per hectare, which was enhanced by reference Court to Rs.25,000/- per hectare. The reference Court decided the matter on 21.02.2001. The instant application states that on 29.08.2001 the matter was referred to the Law and Judiciary Department, Nagpur and the sanction was granted on 24.09.2001. It is further averred that on 24.09.2001, the funds were made available by Acquiring Body and the application for certified copy was submitted ca2189.02.odt 3 on 04.09.2001 and copy was received on 25.09.2001. The application is filed on 24.12.2001. 3. Keeping in view total amount of compensation awarded as is apparent from the order reproduced above and also explanation given in the application for condonation of delay, I am not convinced that sufficient cause is made out for condonation of delay. Hence, the application is dismissed. Consequently, the First Appeal also stands dismissed. J UDGE kahale