NAGNATH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The applicants have filed the present application under Sec. 5 of the Limitation Act, 1963 and prayed for condonation of delay of 3776 days caused in filing Appeal against the judgment and award dtd. 4/10/2011 passed by the learned Joint Civil Judge, Senior Division, Ahmedpur, District Latur in L.A.R. No.683 of 2002.

(2.) Heard Mrs. P. G. Sontakke, learned Advocate for the applicants and Mr. R. V. Dasalkar, learned AGP for non-applicant Nos.1 and 2. Though the non-applicant No.3 served, but remained absent.

(3.) Having regard to submissions canvassed on behalf of both sides, we have gone through the record. Applicants were the owners and possessors of land Survey/Gut No.123 admeasuring 4 Hectare 20 Are (i.e. 4,57,380 square feet) situated at village Tembhurni, Taluka Ahmedpur, District Latur. That land was acquired by the non-applicant No.3 Acquiring Body for public project as per Notification dtd. 14/12/1997 published under Sec. 4 of the Land Acquisition Act. On 15/1/2001 the Land Acquisition Officer determined compensation in respect of the acquired land at the rate of Rs.30,000.00 per Hectare, which was accepted by the applicants under protest.