PANDURANG DODHU DHEKALE v. COLLECTOR, JALGAON AND OTHERS AND
Case Details
1 1 CA-5157.2020 & ors.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 1 CIVIL APPLICATION NO.5157 OF 2020 IN FAST/8511/2019 PANDURANG DODHU DHEKALE VERSUS COLLECTOR, JALGAON AND OTHERS AND 2 CIVIL APPLICATION NO.5159 OF 2020 IN FAST/4805/2019 WITH CA/5160/2020 IN FAST/5431/2019 LATABAI SHIVAJI PATIL VERSUS THE COLLECTOR, THR THE SPECIAL LAND ACQUISITION OFFICER, M.I.W. JALGAON AND ANOTHER AND 3 CIVIL APPLICATION NO.5589 OF 2020 IN FAST/4813/2019 WITH CA/5590/2020 IN FAST/8627/2019 MAHENDRA HONSING PATIL VERSUS THE COLLECTOR, THR THE SPECIAL LAND ACQUISITION OFFICER, M.I.W. JALGAON AND ANOTHER AND 4 CIVIL APPLICATION NO.5603 OF 2020 IN FAST/12393/2019 WITH CA/5605/2020 IN FAST/13043/2019 WITH CA/5606/2020 IN FAST/13040/2019 WITH CA/5604/2020 IN FAST/13045/2019 VIMALBAI RAMCHANDRA PATIL THR GPA NIVRUTTI VERSUS THE COLLECTOR, THR THE SPECIAL LAND ACQUISITION OFFICER, M.I.W. JALGAON AND ANOTHER AND 5 CIVIL APPLICATION NO.5615 OF 2020 IN FAST/4452/2019 WITH CA/5617/2020 IN FAST/5435/2019 WITH CA/5616/2020 IN FAST/5433/2019 MANGA RAMA SONAWANE VERSUS THE STATE OF MAHARASHTRA AND OTHERS AND 2 1 CA-5157.2020 & ors.odt 6 CIVIL APPLICATION NO.6900 OF 2021 IN FAST/34404/2019 WITH CA/6901/2021 IN FAST/36131/2019 WITH CA/6902/2021 IN FAST/36151/2019 GORAKHNATH PUNDLIK KUMAWAT VERSUS THE SPECIAL LAND ACQUISITION OFFICER, MINOR IRRIGATION DIVISION, JALGAON AND ANOTHER AND 7 CIVIL APPLICATION NO.6903 OF 2021 IN FAST/33428/2019 WITH CA/6905/2021 IN FAST/33439/2019 WITH CA/6904/2021 IN FAST/33436/2019 VASANT NARAYAN PATIL VERSUS THE SPECIAL LAND ACQUISITION OFFICER, MINOR IRRIGATION DIVISION, JALGAON AND ANOTHER AND 8 CIVIL APPLICATION NO.6906 OF 2021 IN FAST/34422/2019 WITH CA/6907/2021 IN FAST/36148/2019 PUNDLIK GANPAT KALE AND ANR VERSUS THE SPECIAL LAND ACQUISITION OFFICER, MINOR IRRIGATION DIVISION, JALGAON AND ANOTHER AND 9 CIVIL APPLICATION NO.6908 OF 2021 IN FAST/33285/2019 WITH CA/6909/2021 IN FAST/33288/2019 WITH CA/6910/2021 IN FAST/33290/2019 DATTU GATALU PATIL (DIED) THR LRS SHANTARAM AND ANR VERSUS THE SPECIAL LAND ACQUISITION OFFICER MINOR IRRIGATIONDIVISION, JALGAON AND ANOTHER AND 10 CIVIL APPLICATION NO.6911 OF 2021 IN FAST/33786/2019 WITH CA/6912/2021 IN FAST/33788/2019 WITH CA/6913/2021 IN FAST/33596/2019 WITH CA/6914/2021 IN FAST/33782/2019 WITH CA/6915/2021 IN FAST/33784/2019 WAMAN LAXMAN JADHAV VERSUS THE SPECIAL LAND ACQUISITION OFFICER, MINOR IRRIGATION DIVISION, JALGAON AND ANOTHER AND 3 1 CA-5157.2020 & ors.odt 11 CIVIL APPLICATION NO.6964 OF 2021 IN FAST/21731/2019 WITH CA/6965/2021 IN FAST/21737/2019 WITH CA/6966/2021 IN FAST/20665/2019 WITH CA/6967/2021 IN FAST/21734/2019 NANDIBAI PRADHAN JADHAV VERSUS THE COLLECTOR, JALGAON AND OTHERS AND 12 CIVIL APPLICATION NO.6979 OF 2021 IN FAST/14919/2021 AMRUT RAGHUNATH CHAUDHARI VERSUS THE S.L.A.O U.T.P.H JALGAON AND ANOTHER AND 13 CIVIL APPLICATION NO.6980 OF 2021 IN FAST/16455/2021 NATTHU DASHRATH VASANE (DIED) THR LRS MATHURABAI AND ORS VERSUS THE S.L.A.O (1) UTPH JALGAON AND ANOTHER AND 14 CIVIL APPLICATION NO.6982 OF 2021 IN FAST/14908/2021 BHAGWAN NARAYAN DHEKALE VERSUS S.L.A.O. UTPH - 2 JALGAON AND ANOTHER AND 15 CIVIL APPLICATION NO.6983 OF 2021 IN FAST/14915/2021 RAJARAM ZHIPARU CHAUDHARI (DIED) THR LRS LILABAI (DIED) THR LRS ANIL AND ORS VERSUS THE STATE OF MAHARASHTRA AND OTHERS AND 16 CIVIL APPLICATION NO.8046 OF 2021 IN FAST/37135/2019 WITH CA/8047/2021 IN FAST/37207/2019 NAMDEV BALIRAM RANKHAMB VERSUS THE STATE OF MAHARASHTRA 4 1 CA-5157.2020 & ors.odt AND 17 CIVIL APPLICATION NO.8095 OF 2021 IN FAST/36802/2019
Legal Reasoning
NARSAPPA SHRIMANTAPPA BHUSAPPA (BIRAJDAR) VERSUS THE SPECIAL LAND ACQUISITION OFFICER AND SUB-DIVISIONAL OFFICER, OSMANABAD AND ANOTHER AND 18 CIVIL APPLICATION NO.8129 OF 2021 IN FAST/37127/2019 WITH CA/8130/2021 IN FAST/37131/2019 ANAPPA SHRIMANT BIRAJDAR (BHUSAPPA) VERSUS THE STATE OF MAHARASHTRA AND ANOTHER AND 19 CIVIL APPLICATION NO.8134 OF 2021 IN FAST/37374/2019 SIDRAM VISHWANATH SARNE AND ANR VERSUS THE STATE OF MAHARASHTRA THR THE COLLECTOR, OSMANABAD AND 20 CIVIL APPLICATION NO.8135 OF 2021 IN FAST/37368/2019 DAGADU YADAV DALAL VERSUS THE STATE OF MAHARASHTRA AND ANOTHER AND 21 CIVIL APPLICATION NO.9761 OF 2021 IN FAST/20093/2021 DHANAJI SOMA PACHPANDE (DIED) LR.S SUCHITA AND ORS VERSUS THE DISTRICT COLLECTOR, JALGAON AND OTHERS AND 22 CIVIL APPLICATION NO.6349 OF 2022 IN FAST/36798/2019 SHAMRAO HARISHCHANDRA PATIL AND ANR VERSUS THE STATE OF MAHARASHTRA AND ORS AND 5 1 CA-5157.2020 & ors.odt 33 CIVIL APPLICATION NO.6871 OF 2021 IN FAST/33301/2019 BAPURAO SITARAM DESHMUKH (DIED) THR LRS JAYANT AND ORS VERSUS THE SPECIAL LAND ACQUISITION OFFICER, MINOR IRRIGATION DIVISION, JALGAON AND ANOTHER AND 34 CIVIL APPLICATION NO.6872 OF 2021 IN FAST/34533/2019 BAPURAO SITARAM DESHMUKH (DIED) THR LRS JAYANT AND ORS VERSUS THE SPECIAL LAND ACQUISITION OFFICER, MINOR IRRIGATION DIVISION, JALGAON AND ANOTHER AND 35 CIVIL APPLICATION NO.6873 OF 2021 IN FAST/34530/2019 SAKHARBAI GANPAT KALE (DIED) LRS ANANDA AND ORS VERSUS THE SPECIAL LAND ACQUISITION OFFICER, MINOR IRRIGATION DIVISION, JALGAON AND ANOTHER AND 36 CIVIL APPLICATION NO.6874 OF 2021 IN FAST/34412/2019 KAUTIK GANPAT KALE VERSUS THE SPECIAL LAND ACQUISITION OFFICER, MINOR IRRIGATION DIVISION, JALGAON AND ANOTHER AND 37 CIVIL APPLICATION NO.6875 OF 2021 IN FAST/33602/2019 YAMUNABAI BAPU MANE AND ANOTHER VERSUS THE SPECIAL LAND ACQUISITION OFFICER, MINOR IRRIGATION DIVISION, JALGAON AND ANOTHER AND 38 CIVIL APPLICATION NO.6892 OF 2021 IN FAST/33297/2019 WITH CA/6893/2021 IN FAST/33299/2019 PANDURANG KHANDU AGONE VERSUS 6 1 CA-5157.2020 & ors.odt THE SPECIAL LAND ACQUISITION OFFICER, MINOR IRRIGATION DIVISION, JALGAON AND ANOTHER AND 39 CIVIL APPLICATION NO.6895 OF 2021 IN FAST/33351/2019 WITH CA/6897/2021 IN FAST/33768/2019 WITH CA/6896/2021 IN FAST/33766/2019 POPAT RANGRAO PATIL AND ANOTHER VERSUS THE SPECIAL LAND ACQUISITION OFFICER, MINOR IRRIGATION DIVISION, JALGAON AND ANOTHER AND 40 CIVIL APPLICATION NO.6898 OF 2021 IN FAST/33364/2019 WITH CA/6899/2021 IN FAST/33791/2019 VASANT RAMRAO PATIL VERSUS THE SPECIAL LAND ACQUISITION OFFICER, MINOR IRRIGATION DIVISION, JALGAON AND ANOTHER … Ms. Sakshi Kale, Advocate holding for Mr. A.B. Kale, Advocate for the applicants. Mr. B.V. Virdhe, Mr. S.R. Yadav-Lonikar, Mr. A.B. Chate, Mr. S.N. Kendre, Mr. P.M. Kulkarni, AGPs for respondent – State in respective applications. Ms. Manjusha Jagtap, Mr. Madan Kokate and Shivraj Kadu, Mr. V.P. Narwade, Mr. Chetan Jadhav and Mr. Ajay D. Pawar, Prashant Nangre, Mr. Vivek Tarde, Mr. Rahul Tambe, Mr. Subhash Chillarge, Advocates for the Acquiring Body in respective matters. ... CORAM : SANDIPKUMAR C. MORE, J. DATED : 09.11.2022. ORDER:- 1. In all these matters, the respective applicants are seeking condonation of delay periods as mentioned in the applications. The applicants are claiming that the aforesaid delay has been caused due to their poor fnancial condition. However, the 7 1 CA-5157.2020 & ors.odt learned Addl. Government Pleaders strongly opposed the applications on the ground that there is also a circulation delay. 2. The learned Counsel for all these applicants vehemently argued that the circulation delay as claimed by the learned AGPs is not at all caused due to negligence of the applicants, but it was due to the Registrar of this Court who did not circulate the matters on time. The learned Counsel for the applicants also drew attention of this Court to the concerned Bombay High Court Appellate Side Rules and submitted that it was the duty of Registrar to prepare the Board and to see that the matters are circulated promptly. In short, the learned Counsel for the applicants blamed Registry for causing circulation delay. 3. On the contrary, the learned AGPs strongly opposed such submission, on the ground that certain procedure has been laid down in the Bombay High Court Appellate Side Rules, 1960 as to how the matter is to be circulated after it is fled. They submit that after fling of the applications, the applicants are required to remove the offce objections as raised by the concerned Registrar and then the matters are to be placed before the concerened Judge serially. They pointed out that in urgent matters the learned Counsel for the applicants are required to circulate the matter by taking out the precepie, and therefore, in the instant matters it was the duty of the concerned Counsel of the applicants to circulate the 8 1 CA-5157.2020 & ors.odt matters, since the delay was to be condoned. They further submit that though the present matters were fled in the year 2019, the same were not circulated till 2021, and therefore, there was defnitely circulation delay on the part of these applicants. 4. On the other hand, the concerned learned Counsel for the Acquiring Body submitted that the Hon’ble Apex Court was of the view of declining the interest on the enhanced compensation and also on the solatium and other statutory benefts for the period of delay. They placed reliance on the judgment of the Hon’ble Supreme Court in the case of K. Subbarayudu and others vs The Special Deputy Collector (Land Acquisition), wherein the following observation is made : “14. When the concerned court has exercised its discretion either condoning or declining to condone the delay, normally the superior court will not interfere in exercise of such discretion. The true guide is whether the litigant has acted with due diligence. Since the appellants/claimants are the agriculturists whose lands were acquired and when similar situated agriculturists were given a higher rate of compensation, there is no reason to decline the same to the appellants. Merely on the ground of delay such beneft cannot be denied to the appellants. The interest of justice would be served by declining the interest on the enhanced compensation and also on the solatium and other statutory benefts for the period of delay”. 9 1 CA-5157.2020 & ors.odt 5. Admittedly these matters are fled in the year 2019, but circulated belatedly in the year 2021. Though the learned Counsel for the applicants has blamed Registry of this Court for not circulating the matters promptly, but as per Chapter II Rule 3 of the Bombay High Court Appellate Side Rules, it is nowhere stated that Registrar has power to grant circulation in the matter. No doubt, that the Board is to be prepared after fling of the matter and removal of offce objections, but it has to be in chronological manner. Now-a-days so many matters are being fled, and therefore, it is practically impossible to circulate the matter immediately. Chapter X Rule 4 (2) of the Appellate Side Rules defnitely states about preparing of daily boards as per the order as may be passed by the Court, but the said board is to be preapared strictly according to the serial order of the cases. As such, there may not be possibility of immediate circulation at the instance of the Court due to heavy infow of the matters. Sub-Rule (3) of Rule 4 of aforesaid Chapter speaks about urgent circulation which is to be obtained by the concerned learned Counsel of the applicants only. 6. It is extremely important to note that condonation of delay is a discretionary relief considering the individual inability of the applicants to fle the application within the prescribed period of limitation. It is also settled by this Court as well as the Hon’ble 10 1 CA-5157.2020 & ors.odt Apex Court that the delay condonation applications, especially in the matters of land acquisition cases, are to be dealt liberally. However, it does not mean that after fling the matter alongwith delay condonation application, the parties can wait for an indefnite period which may result in loss to the public bodies in form of award of interest at the higher rate. This Court, in earlier matters, has also stopped the interest for such circulation delay many times. Therefore, considering this aspect, this Court does not feel that the interest should be allowed even though there is a circulation delay. 7. The learned Counsel for the applicants also submits that in view of the order passed by Hon’ble Supreme Court, the limitation was stopped during the Covid-19 pandemic period. However, it is signifcant to note that all these matters were fled well before the lock-down period of Covid-19 pandemic. As such, no beneft can be given to the applicants for the aforesaid order. However, considering the statutory right of the applicants, their appeals can be placed for admission by condoning the delay, but the continuation of interest, especially in the circulation delay period, cannot be allowed to them. Further, the Hon’ble Supreme Court in the judgment relied upon by the learned Counsel for the Acquiring Body though made observation as mentioned above, but ultimately only stopped interest for the delay period as observed in 11 1 CA-5157.2020 & ors.odt that judgment. In the instant matter also this Court is of similar view. In view of the same, following order is passed. 8. The applications are hereby allowed and the delay periods mentioned in the applications are condoned, subject to condition that the applicants shall not claim any interest for the aforesaid delay periods and also for the delay in circulating the matters belatedly. 9. All the appeals be placed for admission after removal of offce objections, if any. 10. At this juncture, the learned Counsel for the applicants submits that all these matters be placed before the National Lok Adalat dated 12th November 2022. As such, after removal of offce objections, all the appeals be placed before the National Lok Adalat dated 12th November 2022. 11. All the Civil Applications for condonation of delay are
Decision
disposed of accordingly. (SANDIPKUMAR C. MORE, J.) vd_dhirde