SANGITA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Present application has been filed for condonation of delay of 635 days in preferring review application to challenge the Judgment and order dtd. 9/1/2019 passed by this Court in First Appeal No.1433 of 2012.

(2.) Heard learned Advocate Mr. R.R. Deshpande holding for learned Advocate Ms. Priyanka R. Deshpande for applicant, learned AGP Mr. S.J. Salgare for respondent No.1 and learned Advocate Mr. A.D. Soman holding for learned Advocate Mr. D.V. Soman for respondent No.2.

(3.) The present application has been filed by the original claimant. She had filed the said First Appeal No.1433 of 2012 challenging the decision by reference Court i.e. 2nd Joint Civil Judge Senior Division, Latur in Land Acquisition Reference No.128/2000. She was the owner of Sy.No.17 situated at village Baswantpur. Out of her said land, land admeasuring 1.01 Hectare (109989 sq. ft.) was acquired by respondent No.1 State and respondent No.2 railway administration for conversion of meter gauge railway line into broad gauge railway line, running from Miraj-Kurduwadi-Latur. Her appeal was decided by this Court on 9/1/2019 and thereafter she had filed Special Leave Petition (Civil) Diary No.15990 of 2019 for condonation of delay to prefer SLP before Hon'ble Supreme Court of India. The said application came to be dismissed by Hon'ble Apex Court on 3/7/2019. Though the delay was condoned, SLP was dismissed. But it was a non speaking order and it does not contain any reasons for the dismissal. Therefore, in view of the law laid down by Hon'ble Supreme Court itself in Khoday Distilleries Ltd. vs. Sri. Mahadeshwara Sahakara Sakkare Karkhane Ltd. Kollegal, [(2019) 4 SCC 376] (Three Judge Bench) review is maintainable and, therefore, she wants to file the review, however, there is delay. It is further stated that initially the period up to July, 2019 was utilized for availing the remedy before Hon'ble Supreme Court and thereafter within 6-7 months the applicant has taken to file an ultimate decision to file the review petition. She says that she is a farmer, old lady, residing in rural area, uneducated and not well acquainted with the legal provisions and, therefore, reasonable grounds are available for condoning the delay. She has, therefore, prayed for condonation of delay and hearing the review application on merits.