The Ex. Engineer, Osmanabad M.I.D. Thr Babu B. Madke, Sub Div. Engineer, Osmanabad And ORS v. Narsinha Govind Dandwate And ORS

1 51-CA-5822-17-D

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 5822 OF 2017 IN FAST/6426/2017 EX. ENGINEER OSMANABAD MINOR IRRIGATION DIV.AND ORS

VERSUS

NARSINHA GOVIND DANDWATE AND ORS ...

Advocate for Applicant-Acquiring Body : Mr. Shyam C. Arora AGP for co-appellants No.2 and 3 : Ms. S. S. Raut. Advocate for Respondents-original claimants : Mr. Arvind Ramakant Joshi. ...

CORAM : K.K. SONAWANE, J.

DATED : 25th JUNE, 2018.

Order :- 1.

Heard learned counsel for the applicant No. 1 - Acquiring Body as well as learned AGP for co-applicants No. 2 and 3 and learned counsel for respondents - original claimants. 2.

The applicant No. 1 - Acquiring Body moved the present application for condonation of delay in filing the first appeal against impugned Judgment and Award passed by the learned Reference Court in Land Acquisition Reference filed under section 18 of the Land Acquisition Act, 1894. According to learned counsel for the applicantAcquiring Body, impugned Judgment and Award passed by the Reference Court is erroneous, illegal and is not as per the provisions of Land Acquisition Act, 1894. Applicant No. 1 is Body corporate having its independent entity. After procuring the funds for court fees appeal came to be filed, however, there is delay in filing the appeals. According to learned counsel for applicant, delay so caused is not intentional or deliberate, but caused due to compliance of official process.

3.

The learned counsel for respondents-original claimants submits that there is inordinate delay, which has not been explained

2 51-CA-5822-17-D satisfactorily, therefore, the same cannot be condoned and prayed for rejection of application.

4.

The learned AGP for co-appellants submits that suitable orders may be passed.

5.

I have given anxious consideration to the submission of both learned counsel. Considering the nature of the subject-matter and reasons mentioned in the application, I do not find any impediment to allow the application for condonation of delay. The public interest is involved into the matter. It is settled law that liberal and pragmatic approach is essential to be adopted by avoiding pedantic approach while dealing with the application for consideration of delay. Therefore, it is imperative to grant some sort of latitude to 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 purpose of substantial justice. Hence, the application for condonation of delay deserve to be allowed. 6.

In sequel, the application stands allowed in terms of prayer clause (B). Delay caused in filing appeals against the impugned Judgment and Award is hereby condoned. Registry to take requisite steps for registration of appeal. Civil application stands disposed of accordingly.

7.

On registration of appeal, issue notice to the respondents. Mr. Joshi, learned counsel waives service of notice for respondentsoriginal claimants.

8. Meanwhile, call for record and proceedings from the concerned learned Reference Court.

9. List the appeal for admission in due course. [ K. K. SONAWANE ] JUDGE MTK.