Sakahram Govinda Dhapate Died Thr Lrs Madan Sakharam Dhapate Vs the State of Maharashtra, through the Collector, Beed and Anr.

Learned advocates appearing for the applicant/s submits that the applicant is a small land holder and his land has been acquired under the award for Minor Irrigation Tank. He was inadequately compensated. Hence, preferred Reference under section 18 of the Land Acquisition Act, which has been partly allowed. He is not satisfied with the compensation awarded. It is further submitted that the applicant is a rustic person, residing in remote area and unaware about the procedure. The delay is not intentional.

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Learned advocates appearing for the respondents strongly opposes the prayer contending that explanation offered cannot be termed as sufficient cause.

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Admittedly, applicant is litigating for the just compensation towards acquired land. He is agriculturist residing in remote area and not conversant with the procedure under law. Although, delay cannot be said to be explained for each and every day, considering the nature of dispute between parties and explanation tendered, sufficient cause is made out to condone the delay, however, subject to condition that the applicant/s shall not claim interest for the delayed period, in case his prayer for enhancement of the compensation is positively considered in the appeal. Hence, following order.

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ORDER

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i. Application is allowed.

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ii. The delay caused in filing appeal is hereby condoned subject to condition that the applicant tenders an undertaking addressed to

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4 ca 6052.24.odt

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the Registrar (Judicial) of this Court that he shall not claim interest and other statutory benefits for the delayed period, in case his appeal is favorably considered. Undertaking be filed within a period of (8) eight weeks from today.

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iii. Appeal be registered subject to removal of the office objections.

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( S. G. CHAPALGAONKAR, J. )

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Sakahram Govinda Dhapate Died Thr Lrs Madan Sakharam Dhapate v. the State of Maharashtra, through the Collector, Beed and Anr.

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Sakahram Govinda Dhapate Died Thr Lrs Madan Sakharam Dhapate v. the State of Maharashtra, through the Collector, Beed and Anr.

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