The Executive Engineer, Osmanabad Medium Project Division, Osmanabad (Under K.K.V.M.Pune) And ORS v. Manik Balu Devkar
2024:BHC-AUG:6690 929(A)-CA-9054-2016++.odt
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD CIVIL APPLICATION NO. 9054 OF 2016 IN FAST/17533/2016 THE EXECUTIVE ENGINEER, OSMANABAD MEDIUM PROJECT DIVISION, OSMANABAD (UNDER K.K.V.M.PUNE) AND ORS
VERSUS
BALIRAM BALU DEVKAR WITH CIVIL APPLICATION NO. 9062 OF 2016 IN FAST/18071/2016 THE EXECUTIVE ENGINEER, OSMANABAD MEDIUM PROJECT DIVISION, OSMANABAD (UNDER K.K.V.M.PUNE) AND ORS
VERSUS
PANDURANG BALU DEVKAR WITH CIVIL APPLICATION NO. 9056 OF 2016 IN FAST/18074/2016 THE EXECUTIVE ENGINEER, OSMANABAD MEDIUM PROJECT DIVISION, OSMANABAD (UNDER K.K.V.M.PUNE) AND ORS
VERSUS
MANIK BALU DEVKAR WITH CIVIL APPLICATION NO. 9058 OF 2016 IN FAST/18130/2016 THE EXECUTIVE ENGINEER, OSMANABAD MEDIUM PROJECT DIVISION, OSMANABAD (UNDER K.K.V.M.PUNE) AND ORS
VERSUS
SUKHDEO BALU DEVKAR
(( 2 )) 929(A)-CA-9054-2016++ WITH CIVIL APPLICATION NO. 9060 OF 2016 IN FAST/18133/2016 THE EXECUTIVE ENGINEER, OSMANABAD MEDIUM PROJECT DIVISION, OSMANABAD (UNDER K.K.V.M.PUNE) AND ORS
VERSUS
MACHINDRA BALU DEVKAR ....
Mr. R. A. Tambe, Advocate for applicants Mr. E. S. Murge and Mr. L. C. Patil, Advocates for respondent in respective matters ....
CORAM : Y. G. KHOBRAGADE, J.
DATE : 21 MARCH 2024 PER COURT :- 1.
Heard the learned Counsel appearing for the respective parties at length.
2.
These are the applications on behalf of the acquiring body for condonation of delay of 565, 568, 568, 568, 568 days, respectively, caused in lodging the appeals challenging the judgment and award dated 14.07.2014 passed by the learned Civil Judge Senior Division Bhoom, District Osmanabad, arising out of the award dated 30.07.2012 passed by the Special Land Acquisition Officer, for acquiring the land bearing Gat No.220 of village Wangi (Bu.), Taluka
(( 3 )) 929(A)-CA-9054-2016++ Bhoom, District Osmanabad. The acquiring body contended that after the award passed by the reference Court, necessary proposal was sent to the competent authority for legal advise, so also for approval and some time has been consumed for getting approval of the proposal for payment of court fees. The delay has been caused due to administrative exigencies, which is substantial and bona-fide. Therefore, though the learned Counsel appearing for the respondent vehemently opposed the application, but considering the nature of claim and to give fair and proper opportunity, it would be just and proper to condone the delay.
3.
Accordingly, the civil applications are allowed. The delay caused in lodging the appeals, is condoned.
[ Y. G. KHOBRAGADE, J. ] SMS