FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD C.A. NO. 1119 OF 2009 IN F.A. (ST.) NO.122 OF 2009 C.A. NO. 1120 OF 2009 IN F.A. (ST.) NO.119 OF 2009 C.A. NO. 1121 OF 2009 IN F.A. (ST.) NO.117 OF 2009 C.A. NO. 1122 OF 2009 IN F.A. (ST.) NO.115 OF 2009 C.A. NO. 1123 OF 2009 IN F.A. (ST.) NO.113 OF 2009 C.A. NO. 1124 OF 2009 IN F.A. (ST.) NO.111 OF 2009 C.A. NO. 1125 OF 2009 IN F.A. (ST.) NO.109 OF 2009 C.A. NO. 1126 OF 2009 IN F.A. (ST.) NO.104 OF 2009 C.A. NO. 1127 OF 2009 IN F.A. (ST.) NO.102 OF 2009 C.A. NO. 1128 OF 2009 IN F.A. (ST.) NO.97 OF 2009 C.A. NO. 1129 OF 2009 IN F.A. (ST.) NO.62 OF 2009 ________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | ________________________________________________________ Heard Shri Jadhav, learned A.G.P. in support of these applications and Shri Sakolkar, learned counsel for respondents-claimants. These applications are for condonation of delay of 546 days caused in filing the appeals. The applicants have preferred first appeals challenging the judgment and award dated 11.4.2007, passed by the learned C.J.S.D. at Ahmedpur, Camp at Udgir, District Latur, in Land Acquisition References. In the applications, it is averred that the application for certified copy was made on 20.9.2007. Certified copies were ready for delivery on 21.9.2007 and they were collected on the same date. Law and Judiciary department forwarded the proposal to the office of the Government Pleader on 3.12.2007. Typed copy of the judgment and awards were submitted on 24.9.2008 and the appeals eventually filed on 5.1.2009, resulting in delay of 546 days. On merits, Shri Jadhav, the learned A.G.P. submitted that the land of the claimants were acquired for the public purpose of construction of Percolation Tank No.4 at village Lohara, Tq. Udgir, District Latur. The lands were acquired by issuing notification under Section 4 of the Land Acquisition Act, 1894 (for short “the Act”), on 13.12.2001. The Land Acquisition Officer made award on 24.1.2003. The claimants claimed compensation @ Rs. 7500/- per Are i.e. Rs.7,50,000/- per Hectare. The Land Acquisition Officer classified the lands in categories 1 and 2 and in respect of lands falling in the category 1, he awarded compensation @ Rs.61,600/- per Hectare and in respect of the lands falling in the category 2, the Special Land Acquisition Officer awarded compensation of Rs.70,800/- per Hectare. Being aggrieved by the inadequate compensation awarded by the Special Land Acquisition Officer, the claimants made References under section 18 of the Act. The learned Trial Judge awarded enhanced compensation of Rs.1,40,000/- per hectare. After hearing learned A.G.P. for the applicants and Shri Sakolkar, learned counsel for the respondent-claimants, though I am not satisfied with the explanation offered for condoning the delay, considering the controversy raised in the appeal, in my opinion, the delay deserves to be condoned subject to payment of costs. Hence, civil applications are allowed in terms of prayer clause “B” subject to payment of costs of Rs.1000/- in each civil application. Costs amount to be paid to the respondents within a period of 12 weeks from today. If the costs is not paid within stipulated period, civil applications shall stand dismissed without further reference to the Court. (R.G. KETKAR, J.) Date:10.12.2009. rlj/ FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD FIRST APPEAL (ST.) NO.122 OF 2009 FIRST APPEAL (ST.) NO.119 OF 2009 FIRST APPEAL (ST.) NO.117 OF 2009 FIRST APPEAL (ST.) NO.115 OF 2009 FIRST APPEAL (ST.) NO.113 OF 2009 FIRST APPEAL (ST.) NO.111 OF 2009 FIRST APPEAL (ST.) NO.109 OF 2009 FIRST APPEAL (ST.) NO.104 OF 2009 FIRST APPEAL (ST.) NO.102 OF 2009 FIRST APPEAL (ST.) NO.97 OF 2009 FIRST APPEAL (ST.) NO.62 OF 2009 ________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | Not on board. Mentioned. By consent taken up for admission. Heard Shri. Jadhav, learned A.G.P. for the appellants and Shri Sakolkar, learned counsel for the respondents-claimants. Admit. Shri Sakolkar, waives service for respondents-claimants. Call for record and proceeding of the case. (R.G. KETKAR, J.) Date:10.12.2009. rlj/