The Executive Engineer Osmanabad v. Hanumant Gopal Borade Died Thro. L.Rs. Hirabai Hanumant Borade And Others

{1} 914 sr.no. cod.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 914 CIVIL APPLICATION NO. 2728/2015 IN FAST/5620/2014 WITH CA/2737/2015 IN FAST/5955/2014 THE EXECUTVE ENGINEER MEDIUM PROJECT DIV. OSMANABAD NOW MKVDC PUNE AND ANR

VERSUS

HANUMANT GOPAL BORADE DIED THR. L.RS. HIRABAI HANUMANT BORADE AND ...

Advocate for Applicants : Mr. S G. Sangle AGP for Respondent/State: Ms. S.S. Raut Adv. for Respondent 1 : Mr. Shrikant G. Kawade CORAM : K.K. SONAWANE, J.

DATE : 21st JUNE , 2018.

PER COURT:

1] Heard learned counsel for the applicant/Acquiring Body and learned AGP for State and learned counsel for respondents-original claimants.

2] Perused the application. Learned Counsel for applicant/s submits that due to official procedure to present an appeal, delay has been caused. He submits that delay is not deliberate and intentional but caused owing to administrative compliance. As such, he prayed to condone the delay.

3] I have heard the submission canvassed on behalf of learned counsel for applicant and also perused the application as well as the impugned judgment and award against which the applicant Acquiring Body is intending to file an appeal.

4] The matter pertains to land acquisition proceedings. It has been contended that after the impugned judgment and award of the

{2} 914 sr.no. cod.odt Reference Court, the Acquiring Body being an independent institution, approached to its counsel as directed by the superior officers and obtained the tentative figure of proposed expenditure for filing an appeal. The applicant Acquiring Body made necessary arrangement of finance for requisite court fees etc., and thereafter preferred the present appeal with application for condonation of delay. The impugned delay was not intentional and deliberate but owing to compliance of official process. 5] I am of the considered opinion that reasonable opportunity needs to be given to the applicant Acquiring Body to ventilate its grievances in the appellate forum. The appellant is the Government Agency I.e.

Acquiring Body and in view of public interest, it is imperative to extend latitude while dealing with the condonation of delay, by adopting liberal and pragmatic approach. If the appeal/s of the appellant acquiring body is/are not allowed to be presented for further process on the ground of such default of delay, no person is individually affected but, ultimately, the public interest would be at stake. Therefore, I do not find any impediment to allow the applicant/ Acquiring Body to present an appeal by condoning the delay. It would not cause any prejudice or injustice to the respondent. In contrast, it would sub-serve the interest of justice. Hence, the application for condonation of delay deserve to be allowed. In sequel, the application stands allowed in terms of prayer clause (B).

Delay caused in filing appeal against the impugned judgment and award is hereby condoned. Registry to take requisite steps for registration of appeal. 6] On registration of appeal, issue notice to respondents. AGP waives notice for respondent No.2. Mr. Kawade, Advocate waives notice for respondent No.1. R. & P. be called. After receipt of R. & P. matter be placed for admission in due course.

[K.K. SONAWANE] JUDGE.

grt/-