The State Of Maharashtra And ANR v. Manesh Shivaji Rankhamb

{1} CA 3924 OF 2018 & ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 25 CIVIL APPLICATION NO.3924 OF 2018 IN FAST/23152/2017 WITH CA/3926/2018 IN FAST/23177/2017 WITH CA/3929/2018 IN FAST/23174/2017 WITH CA/3931/2018 IN FAST/23183/2017 WITH CA/3933/2018 IN FAST/23180/2017 WITH CA/3935/2018 IN FAST/23171/2017 THE STATE OF MAHARASHTRA AND ANR

VERSUS

JEEVAN SHRIPATI RANKHAMB ADN ORS.

...

AGP for Applicant-State : Mr.R.B.Bagul ...

CORAM : K.K.SONAWANE, J.

DATE: 13th January, 2020 PER COURT:- 1.

Heard learned AGP for the applicant-State. Despite service of notice, no one else appeared on behalf of respondents-claimants. 2.

Applicants moved the present applications for condonation of delay in fling the frst appeals against impugned Judgment and Award passed by the learned Reference Court in Land Acquisition References fled under section 1o of the Land Acquisition Act, 1o4.. According to learned AGP for the applicant-State, impugned Judgment and Award passed by the Reference Court is erroneous, illegal and is not as per the provisions of Land Acquisition Act, 1o4.. After procuring the funds for court fees appeals came to be fled, however, there is delay in fling the appeals. According to learned AGP for applicant, delay so caused is not intentional or deliberate, but caused due to compliance of ofcial process.

{2} CA 3924 OF 2018 & ORS 3.

I have given anxious consideration to the submissions advanced by learned AGP. Considering the nature of the subject-matter and reasons mentioned in the applications, 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 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 fling 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.

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On registration of appeals, issue notice to the respondents.

5. Meanwhile, call for record and proceeding from the concerned learned Reference Court.

6. List the appeals for admission in due course. ( K.K.SONAWANE ) JUDGE SPT