SHANTABAI BHAGWAN GOMATE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith and heard the learned counsel for the parties. The agricultural land of the petitioner was acquired for the Khadakpurna Project pursuant to the LAC No.26/1990-1991. In reference arising out of Darkhast No.09/2002 an award dtd. 30/08/2013 came to be passed. The petitioner sought benefit of enhanced compensation by making an application under Sec. 28-A of the Land Acquisition Act, 1894 (for short, the said Act). This application was made on 25/02/2014 and the same has been rejected by the Land Acquisition Officer on the ground of delay.

(2.) It is submitted by the learned counsel for the petitioner that in Special Leave to Appeal (C) No.14700/2015 (Karam Chand (Dead) By LRs and anr. vs. State of Himachal Pradesh and anr.) by order dtd. 27/10/2017 the Honourable Supreme Court was pleased to condone the delay in seeking the determination of compensation under Sec. 28-A of the said Act subject to declining the benefit of interest for the period of delay. It is thus urged that similar course can be followed by denying the benefit of interest for the period of about three months in the present case. The learned counsel for the petitioner also referred to the decision in Writ Petition No.5838/2017 (Mohd. Shakir Mohd. Jafar vs. State of Maharashtra and anr.) decided on 13/11/2019 wherein after referring to the aforesaid decision in Karam Chand (supra), liberty was granted to the claimant to seek condonation of delay by moving an application under Sec. 28-A of the said Act.

(3.) Though the learned Additional Government Pleader for the respondents supported the impugned order, we find that the course followed in Karam Chand (supra) can be adopted in the present case by permitting the petitioner to move an application for condonation of delay. Such course was followed in Mohd. Shakir Mohd. Jafar (supra).