The Ex. Engineer, Udarwa Penganga Project Division. No.8 Thr Madaswar Nivratti Linganna And ORS v. Balaji Narayan Kadam

1 C.A. 7256.2017 in F.A. St. 13428.2017

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 917 CIVIL APPLICATION NO. 7256 OF 2017 IN FIRST APPEAL STAMP NO. 13428 OF 2017 THE EXECUTIVE ENGINEER, UDARWA PENGANGA PROJECT DIVISION NO. 8 THR. MADASWAR NIVRUTTI LINGANNA & ORS.

VERSUS

BALAJI NARAYAN KADAM ......

Mr. S.C.Arora, Advocate for Applicant.

Mr. R.B.Narwade Patil, Advocate for Respondent. ......

CORAM : K.K.SONAWANE, J.

DATE : 5th JULY, 2018 ......

ORAL ORDER :

1] Heard learned counsel for the applicant - Acquiring Body as well as learned AGP for co-applicants No. 2 and 3 and learned counsel for respondent - original claimant. 2] The applicant No. 1 - Acquiring Body moved the present applications for condonation of delay in filing the first appeals against impugned Judgment and Award passed by the learned Reference Court in Land Acquisition References filed under section 18 of the Land Acquisition Act, 1894. According to learned counsel for the applicant-Acquiring 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 appeals 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.

2 C.A. 7256.2017 in F.A. St. 13428.2017 3] The learned counsel for respondent-original claimant submits that there is inordinate delay, which has not been explained satisfactorily, therefore, the same cannot be condoned and prayed for rejection of applications. 4] The learned AGP raised objection and submits that suitable orders may be passed.

5] The matter pertains to land acquisition proceedings. The learned Reference Court partly allowed the application of the respondent filed under Section 18 of the Land Acquisition Act. I have given anxious consideration to the submissions of both learned counsel. Considering the nature of the subject-matter and reasons mentioned in the applications, I do not find any impediment to allow the applications 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 applications for condonation of delay deserve to be allowed. In sequel, the applications stand 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 applications stand disposed of accordingly. 6] On registration of appeal, issue notice to the respondent. Mr. R.B.Narwade Patil, learned counsel waives service of notice for respondent-original claimant.

3 C.A. 7256.2017 in F.A. St. 13428.2017 concerned Reference Court.

8] List the Appeal for admission in due course.

[K.K.SONAWANE] JUDGE KNP/C.A. 7256.2017 in F.A. St. 13428.2017