The Executive Engg., Minor Irrigation Div., No.1, Thr Kishor Shikhare, Asst Engg, Aurangabad And An v. Kachru Manaji Sonawane
1 44-CA-8056-2020 & 2 Ors
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 44 CIVIL APPLICATION NO.8056 OF 2020 IN FAST/13690/2020 THE EXECUTIVE ENGG., MINOR IRRIGATION DIV., NO.1, MIDC, AURANGABAD AND ANR
VERSUS
KACHRU MANAJI SONAWANE ...
Advocate for Applicants :Mr S.C. Arora AGP for Respondent/State : Mr S.G. Sangle Advocate for Respondent No.1 : Mr S.N. Pahune Patil h/f Mr N.J. Pahune Patil WITH CIVIL APPLICATION NO.8054 OF 2020 IN FAST/13668/2020 THE EXECUTIVE ENGG., MINOR IRRIGATION DIV., NO.1, MIDC, AURANGABAD AND ANR
VERSUS
KALABAI DATTU RAHANE ...
Advocate for Applicants : Mr S.C. Arora AGP for Respondent/State : Mr S.G. Sangle Advocate for Respondent No.1 : Mr S.N. Pahune Patil h/f Mr N.J. Pahune Patil WITH CIVIL APPLICATION NO.8052 OF 2020 IN FAST/13674/2020 THE EXECUTIVE ENGG., MINOR IRRIGATION DIV., NO.1, MIDC, AURANGABAD AND ANR
VERSUS
NAGORAO YESHWANTA SURASE Advocate for Applicants :Mr S.C. Arora AGP for Respondent/State : Mr S.G. Sangle Advocate for Respondent No.1 : Mr S.N. Pahune Patil h/f Mr N.J. Pahune Patil
2 44-CA-8056-2020 & 2 Ors CORAM : SHRIKANT D. KULKARNI, J.
DATE : 28th February, 2022 PER COURT :
1.
These are the applications for condonation of delay moved by the applicant/acquiring body.
2.
Heard Mr S.C. Arora, learned counsel for the applicant/acquiring body, Mr S.N. Pahune Patil holding Mr N.J. Pahune Patil, learned counsel for the respective original claimants and Mr S.G. Sangle, learned AGP for the State.
3.
On perusing the record, it is revealed that the acquiring body has caused delay in preferring the appeals ranging from 754 days to 870 days. It seems that the delay was caused due to completion of formalities by the concerned department and seeking sanction from the higher authority. The delay was not intentional on the part of the acquiring body. Mr Arora, learned counsel for the applicants has further placed his reliance on the Judgment of the Hon'ble Supreme Court in case of Ningappa Thotappa Angadi (Dead) through L.Rs. Vs. The Special Land Acquisition Officer and Ors. reported in 2020(1) SCJ 749 in support his argument.
4.
The application for condonation of delay needs to be allowed as under :-
ORDER
(i) The applications for condonation of delay are hereby allowed.
3 44-CA-8056-2020 & 2 Ors (ii) The Registry to make the scrutiny of the appeals as per the procedure, and thereafter, those be numbered and placed before the Court for admission.
(iii) The Civil Applications are accordingly disposed of. ( SHRIKANT D. KULKARNI, J.) mta