The Tapi Irri. Devlop. Officer, Thr The Ex. Engineer, M.I.W. Jalgaon And ANR v. Dnyaneshwar Rambhau Patil And ANR

909-ca-4430-2020 delay-1.odt (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 909 CIVIL APPLICATION NO.4430 OF 2021 IN FAST/5924/2021 WITH CA/4458/2021 IN FAST/5890/2021 WITH CA/4443/2021 IN FAST/6036/2021 WITH CA/4445/2021 IN FAST/5877/2021 WITH CA/4452/2021 IN FAST/5895/2021 WITH CA/4456/2021 IN FAST/5836/2021 WITH CA/4432/2021 IN FAST/5842/2021 WITH CA/4449/2021 IN FAST/5819/2021 WITH CA/4447/2021 IN FAST/5825/2021 WITH CA/4454/2021 IN FAST/5856/2021 WITH CA/4439/2021 IN FAST/5904/2021 WITH CA/4460/2021 IN FAST/5831/2021 WITH CA/4437/2021 IN FAST/5849/2021 WITH CA/4441/2021 IN FAST/5917/2021 WITH CA/4434/2021 IN FAST/5884/2021 THE TAPI IRRI. DEVLOP. OFFICER, THR THE EX. ENGINEER,M.I.W. JALGAON AND ANR

VERSUS

SUMAN DHANAJI ZALTE ...

Advocate for Applicants : Mr. R.A. Tambe AGP for State : Mr. S.R. Yadav Advocate for Respondent : Mr. A.B. Kale ...

CORAM : RAVINDRA V. GHUGE & S.G. MEHARE, J.J.

DATED : 28th JULY, 2021 PER COURT:- 1.

All these applications have been fled by the acquiring body praying for condonation of delay caused in fling the frst appeals for challenging the impugned awards.

2.

The learned advocate for the respondent-original claimant opposes the applications.

3.

We fnd that the delay caused in fling the appeals is neither deliberate nor inordinate. So also, keeping in view the law laid down by the Hon'ble Apex Court in the matter of Collector, Land Acquisition Anantnag and Another Vs. MST Katiji, (1987) 2 SCC 107 and Esha

909-ca-4430-2020 delay-1.odt (2) Bhattacharjee Vs. Managing Committee of Raghunathpur Nafar Academy and Others, (2013) 12 SCC 649, the doors of the Court would be closed for the acquiring body if the delay is not condoned. 4.

In view of the above, these applications are allowed. The delay caused in fling the frst appeals is condoned. The frst appeals shall be registered.

(S.G. MEHARE. J) (RAVINDRA V. GHUGE, J) Mujaheed//