The Ex. Engineer, Lower Terna Canal Division Latur v. Vinod Kalayanrao Mukke And ORS

{1} CA 6333 OF 2019 & ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 934 CIVIL APPLICATION NO.6333 OF 2019 IN FAST/13694/2018 WITH CA/6331/2019 IN FAST/14585/2018 WITH CA/6335/2019 IN FAST/14580/2018 THE EX. ENGINEER, LOWER TERNA CANAL DIVISION, LATUR

VERSUS

SANJAY MADHAVRAO RANDALE AND ORS ...

Advocate for Applicant : Mr.Mahesh C. Swami AGP for Respondents No.2 & 3 : Mr.R.B.Bagul ...

CORAM : K.K.SONAWANE, J.

DATE: 17th January, 2020 PER COURT:- 1.

Heard learned counsel for the applicant-Acquiring Body and learned AGP for respondents No.2 and 3. Despite service of notice, no one else appeared for respondents-claimants. Perused the applications and relevant documents produced on record.

2.

The applicant-Acquiring Body moved present applications for condonation of delay caused in fling the frst appeals against impugned Judgment and Award passed by the learned Reference Court in Land Acquisition References fled 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 is Body corporate having its independent entity. After procuring the funds for court fees appeals came to be fled, however, there is delay in fling the appeals. According to learned counsel for the applicant, delay so caused is not intentional or deliberate, but caused due to compliance of ofcial process.

{2} CA 6333 OF 2019 & ORS 3.

As referred above, the respondents-original claimants did not turn up to this Court even after service of notice. Therefore, no opportunity is received for hearing of the respondents-claimants in these matters. Learned AGP appearing for respondent Nos.2 and 3 requested for passing suitable order.

4.

Considering the nature of the subject-matter and reasons mentioned in the application, I do not fnd 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 subserve the purpose of substantial justice. Hence, the applications for condonation of delay deserve to be allowed. In sequel, applications stand allowed in terms of prayer clause (B). Delay caused in fling the appeals against the impugned Judgment and Award is hereby condoned. Registry to take requisite steps for registration of appeals. Civil applications stand disposed of accordingly. 5.

On registration of appeals, issue notice of admission of appeals to the respondents. Learned AGP waives service of notice for respondents No.2 and 3.

6. After compliance of procedural formalities, List the appeals for admission in due course.

( K.K.SONAWANE ) JUDGE SPT