Pundlik Jalam Patil (D) By Lrs vs Exe.Eng. Jalgaon Medium Project & Anr

3. Brief facts needed for disposal of these appeals are as under:

4. The lands belonging to the appellants were acquired at the instance of the respondent for a public purpose under the draft Notification published in Maharashtra Government Gazette on 06.03.1997. The Special Land Acquisition Officer, Upper Tapi Project (Hatnur), Jalgaon passed the 2 award dated 31.3.1999. The appellant sought for reference of the said award under Section 18 of the Act seeking enhancement of the compensation. The learned Civil Judge, Senior Division, Jalgaon disposed of the references vide award/judgment dated 9.3.2000 enhancing the compensation over and above the amount fixed in the award passed by the Special Land Acquisition Officer. Be it noted, not only the Special Land Acquisition Officer but the first respondent herein was also impleaded as a party respondent in the land acquisition reference case. The Executive Engineer, Medium Project Division, Jalgaon filed appearance through its counsel but did not lead any evidence though a written statement opposing the claim of enhancement was filed in the Reference Court. On 24.03.2000 the Government Pleader, Jalgaon submitted report and expressed his opinion that it is a fit case for filing the appeal on the grounds stated in the report itself. The Law and Judiciary Department took decision on 13.4.2000 to `acquiesce in the decision' of the Reference Court and communicated the same to all the concerned including the first respondent herein who is the beneficiary of the acquisition.

6. The beneficiary of the acquisition who is contesting the appeals before us did not take any steps whatsoever after receiving the said communication until 25.2.2005 on which date the appeals were preferred along with the applications to condone the delay of 1724 days except indulging in some correspondence long after expiry of limitation. It is required to notice that the beneficiary of the acquisition made arrangements for the deposit of the decreetal amount to be deposited by the Special Land Acquisition Officer in the Reference Court in May, 2001 itself. Some further amounts towards interest etc. were of course not deposited. The appellant executed the decree and realised the entire money deposited into the court.

14. In the present case the Reference Court passed the award under Section 18 of the Act on 09.03.2000. On 13.04.2000 itself the Government took decision not to prefer any appeal against the decree and award passed by the Reference Court and accordingly communicated its decision to all the concerned including the respondent. The Government vide its order dated 21.05.2001 refused to review its decision and accordingly informed the same to the respondent beneficiary of acquisition. The respondent beneficiary in its application seeking condonation of delay refers to the letter dated 19.11.2003 issued by the Secretary, Irrigation Department, directing it to obtain legal advice from an advocate to initiate appropriate proceedings. The respondent instead of acting in the matter once again had chosen to address S.L.A.O.vide letter dated 06.02.2004 with a request to challenge the impugned judgment and award of the Reference Court. The same request was made by repeating reminders upto 12.07.2004. On 18.05.2004, the respondent beneficiary addressed a letter to the Collector requesting him to direct the Land Acquisition Officer to prefer an appeal. This correspondence continued up to 21.06.2004. Thereafter, the application along with the appeal seeking condonation of delay was filed on 25th February, 2005.

26. For the aforesaid reasons, we hold that the High Court gravely erred and exercised its discretion to condone the inordinate delay of 1724 days though no sufficient cause has been shown by the applicants. It is for that reason, we interfere with the decision of the High Court and set aside the same. The appeals are accordingly allowed without any orders as to costs.

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