Madhukar s/o.Panditrao Late vs The State of Maharashtra

Heard the learned counsel for the parties. With

their request and consent, these matters are taken up,

since, it is represented that these matters stand covered

by the orders made in connected matters arising out of

the acquisition proceedings under the same Notification

and for the same Project.

Except, First Appeal No.2259 of 2012 in which the

delay has already been condoned and the appeal is already

admitted, in rest of the matters, there are applications

for condonation of delay, since, the appeals came to be

instituted after delay of 2885, 3175, 3172 and 3169 days

after expiry of the period of limitation.

In all these civil applications, Mr.Kailas B.Jadhav

the learned counsel for the applicants/appellants on the

basis of instructions from the applicants/appellants

makes a statement that the applicants/appellants

undertake not to claim any statutory benefits and

interest for the delayed period, should the appeals be

allowed and the compensation amount enhanced. He points

out that on the basis of similar statement, this Court by

order dated 4.8.2017 in Civil Application No.11899 of

2016 in First Appeal Stamp No.22434 of 2016 and connected

matters concerning the very same acquisition has already

condoned the delay of 2827, 2896, 2885 and 2916 days

respectively. Since there is no dispute at the bar that

the facts and circumstances in the connected matters

wherein no manner substantial different from the facts

and circumstances pleaded in the present matters, the

delay in institution of the appeals is condoned with the

clarification that the applicants/appellants have

undertaken that they will not claim any interest or

statutory benefits for the delayed period, should the

appeal be allowed and the compensation amounts enhanced.

The civil applications for condonation of delay are

accordingly disposed of.

Upon the condonation of delay, the learned counsel

for the parties submits that the main appeals including

the First Appeal No.2259 of 2012 (admitted matter), which

is placed on the board, may be disposed of since these

appeals stand covered by the Judgment and award dated

17.7.2017 made by this Court in First Appeal No.4083 of

2016 and connected matters concerning the very same

acquisition under the very same Notification and for the

very same purpose.

This Court in its Judgment and order dated 17.7.2017

has held that the compensation is required to be enhanced

to Rs.1,500/- per Are in respect of Jirayat land, to

Rs.2,250/- per Are and in respect of seasonally irrigated

land, and to Rs.3,000/- in respect of Bagayat land.

In First Appeal No.2259 of 2012, the learned counsel

for the appellant submits that acquired land was Jirayat

land. Accordingly, this appeal is disposed of by

enhancing the compensation in respect of such Jirayat

land to Rs.1,500/- per Are. The appellant will be

entitled to proportionate statutory benefits and interest

on the enhanced amount. However, the appellant will not

be entitled to proportionate statutory benefits and

interest in so far as the delayed period is concerned,

since, in this case also the appeal came to be admitted

after condonation of delay. The First Appeal No.2259 of

2012 is therefore, partly allowed to this extent.

In so far as rest of the appeals are concerned,

learned counsel for the applicants/appellants submits

that the acquired lands were semi-irrigated lands,

therefore, the compensation in respect of such semi-

irrigated lands is enhanced to Rs.2,250/- per Are. The

applicants/appellants will be entitled to proportionate

statutory benefits and interest on the enhanced amount.

However, the applicants/appellants will not be entitled

to proportionate statutory benefits and interest in so

far as the delayed period is concerned in terms of the

undertaking rendered at the stage of consideration of

applications for condonation of delay. These appeals are

also therefore partly allowed to the aforesaid extent.

The respondents are directed to recompute the

compensation amount in terms of the present Judgment and

order and deposit the same in this Court within a period

of 12 weeks from today. Upon deposit, the

applicants/appellants are granted liberty to withdraw the

same unconditionally.

In case there is any dispute as regards calculations

or computation, the applicants/appellants are at liberty

to withdraw the deposited amount without prejudice and

thereafter to institute execution proceedings for

recovery of balance amount, if any.

These civil applications and appeals are disposed of

in the aforesaid terms. There shall be no order as to

costs.