THE STATE OF MAHARASHTRA Vs. JAGANNATH SAHEBRAO WABABLE
LAWS(BOM)-2017-2-160
HIGH COURT OF BOMBAY (AT: AURANGABAD)
Decided on February 06,2017

THE STATE OF MAHARASHTRA Appellant
VERSUS
Jagannath Sahebrao Wabable Respondents

JUDGEMENT

M.S.SONAK,J. - (1.) Heard Mr. Dabke and Mr. Palkar, learned Assistant Government Pleaders (AGPs) for the appellant/applicant/State.
(2.) These civil applications have been taken out for condonation of delay in institution of the appeals against the awards made by the Reference Court. Some of the civil applications seek condonation of delay to set aside the abatement and leave to bring legal representatives of the deceased respondents on record. The appeals were instituted in the year 1999 to challenge the awards made by the Reference Court in the year 19971998. The applications for condonation of delay were, however, filed in most cases, after the period of almost two years from the date of institution of the appeals, i.e., in the year 2001 or thereabouts. These matters have come up before the Registrar (Judicial) as well as the Court on several occasions, mostly because no steps were taken by the appellant State to serve notices upon the respondents or to bring the legal representatives of the deceased respondents on record. For the last 18 years, these matters have been going on and even today, we are only at the stage of considering the applications for condonation of delay to set aside abatement and bring on record legal representatives of the deceased respondents. Even now, several applications are not ready for hearing, since, steps for service are yet to be taken by the appellant/State.
(3.) In all these cases, the lands of the respondents were compulsorily acquired sometime in the year 197475, The Reference Court, by the impugned awards made in 19971998, had marginally enhanced the compensation awarded by the Land Acquisition Officer. This enhanced amount in its entirety, in all these appeals, ranges between Rs. 520/- to Rs. 7,670/-. This is the entire amount of compensation and not per square meters rate or per square yard rate. A chart indicating the total compensation amount involved in each of these appeals is set out herein : Sr.No. No. of Appeal Compensation Amount 1 FAST 12511/1999 Rs.520/- 2 FAST 11677/1999 Rs.1,552/- 3 FAST 13305/1999 Rs.2,030/- 4 FAST 12546/1999 Rs.2,716/- 5 FAST 13330/1999 Rs.2,860/- 6 FAST 11689/1999 Rs.5,220/- 7 FAST 11675/1999 Rs.7,670/- ;


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