CHIEF OFFICER Vs. BABAN ANNA NAMDE

JUDGEMENT

(1.) Present application has been filed for condonation of delay of 406 days in filing the First Appeal. The application is by the acquiring body. It is raising an exception to the Judgment and Award dtd. 25/10/2018 passed by learned Civil Judge Senior Division, Jalna i.e. the reference Court in Land Acquisition Reference No.794/2008.

(2.) Heard learned Advocate Mr. Swapnil Patunkar holding for J.P. Legal Associates for applicant, learned Advocate Mr. A.S. Kale holding for Talekar and Associates for respondent Nos.1 to 5 and learned AGP Mr. A.M. Phule for respondent Nos.6 and 7.

(3.) . It has been vehemently submitted on behalf of the applicant that the delay that has been caused is due to the lapse of period in seeking and obtaining the sanctions from the General Body of the Municipal Council to prefer an appeal. It has been contended that the proposal to prefer an appeal was submitted before the State Government, then legal opinion has been given on 26/11/2019. The said opinion was then again put before the General Body of the Council, who had thereafter decided to accord the approval. Further, there is weak financial position of the council and, therefore, all the factors were required to be considered. The applicant has deposited amount of Rs.75,00,000.00 before this Court, which has been withdrawn by the claimants. Thereafter the applicant has also paid amount of Rs.18,00,000.00 to the claimants and Rs.10,00,000.00 were also deposited before this Court in Writ Petition No.7123 of 2011. No deduction has been given in respect of said amount of Rs.10,00,000.00 by the reference Court as the said fact has been suppressed by them from the reference Court. That amount is also in respect of the same acquisition of the land. If the said amount is deducted, then all statutory benefits granted to the claimants would change. In all, the applicant has paid amount of Rs.1,03,00,000.00 to the claimants. The acquired land was in fact agricultural land, but the reference Court has treated it as non agricultural. Therefore, the applicant - acquiring body has good case on merits. Due to the weak economic condition of the council the applicant is ready to give TDR to the claimants in respect of remaining amount. The First Appeal No.1040 of 2019 filed by the claimants is already admitted by this Court by order dtd. 6/11/2019. Both the appeals can be heard together and no prejudice is going to cause to the claimants. Learned Advocate for the applicant, therefore, prayed for condonation of delay.