The Ex. Engineer, Latur Minor Irrigation (L.M.I) Div. Latur And ORS v. Gopinath Shivnath Kawale

(1) 963-ca-8153-2020 delay

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.8153 OF 2020 IN FAST/15788/2020 THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR, LATUR AND OTHERS

VERSUS

GOPINATH SHIVNATH KAWALE (DIED) THR LRS. RUPABAI GOPINATH KAWALE AND OTHERS ...

Ms. Ranjana D. Reddy, Advocate for the Applicants. Mr. P. M. Kulkarni, AGP for Respondents-State. Mr. B. M. Dhanure, Advocate for Respondent.

...

CORAM : S. G. CHAPALGAONKAR, J.

DATE : 11th AUGUST, 2023.

PER COURT:- 1.

By this application, the applicants seek to condone the delay of 805 days caused in filing the appeal against the award passed by the Reference Court under provisions of Land Acquisition Act.

2.

Ms. Reddy, learned Advocate appearing for the applicants submits that the applicants require to obtain various administrative and procedural sanctions before filing the appeal. Time consumes in getting those compliance. The delay is unintentional. The appellants have good grounds in appeal. Hence, she urges to condone the delay.

3.

Per contra, Mr. Dhanure, learned Advocate appearing for the original claimants submits that the reasons stated in the application do not constitute sufficient cause.

(2) 963-ca-8153-2020 delay 4.

On perusal of the averments in the application, it can be gather that the delay is occasioned on account of procedural and administrative aspects, which is well explained. Hence, sufficient cause is made out to condone the delay. Hence, the following order:

ORDER

a.

Civil Application is allowed.

b.

Delay of 805 days caused in filing the appeal is condoned. c.

On removal of office objections, appeal be registered. d.

Civil Application is disposed of.

(S. G. CHAPALGAONKAR) JUDGE Devendra/August-2023