The Ex. Engineer, Minor Irrigation Division, Osmanabad v. Parvati Mahadu Pawar And ORS

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 934 CIVIL APPLICATION NO.12342 OF 2019 IN FAST/21915/2019 WITH CA/12343/2019 IN FAST/21915/2019 THE EX. ENGINEER, MINOR IRRIGATION DIVISION, OSMANABAD

VERSUS

PARVATI MAHADU PAWAR AND ORS ...

Advocate for Applicant : Mr. Ram B. Deshpande AGP for Respondent nos. 5 and 6: Mr. S.N. Morampalle. CORAM : K.K. SONAWANE, J.

DATE : 11th FEBRUARY, 2020.

PER COURT:

1] Heard learned counsel for the applicant/Acquiring Body. Despite service of notice nobody appears on behalf of respondent Nos. 1 to 4. AGP appears for respondent Nos 5 and 6. 2] Perused the application fled for condonation of delay caused for fling First Appeal against the impugned judgment and award passed by the learned Reference Court in LAR No. 136 of 2012. Learned Counsel for applicant/s submits that the delay is not deliberate and intentional but caused owing to administrative compliance. As such, he prayed to condone the delay. 3] As referred above, despite service of notice nobody appears for respondent Nos. 1 to 4. As such, this court did not receive any opportunity to hear the respondent. The learned AGP opposed the application on the ground that the delay has not been properly explained. So, the same may not be condoned.

4] I have heard the submission canvassed on behalf of

{2} learned counsel for applicant Acquiring Body. Perused the application as well as the impugned judgment and award against which the applicant Acquiring Body is intending to fle an appeal. 5] The matter pertains to land acquisition proceeding. It has been contended that after the impugned judgment and award of the Reference Court, the Acquiring Body being an independent institution, approached to its counsel as directed by the superior officers and obtained the tentative fgure of proposed expenditure for fling an appeal. The applicant Acquiring Body made necessary arrangement of fnance for requisite court fees etc., and thereafter preferred the present appeal with application for condonation of delay. The impugned delay was not intentional and deliberate but owing to compliance of official process.

6] I am of the considered opinion that reasonable opportunity needs to be given to the applicant Acquiring Body to ventilate its grievances in the appellate forum. The appellant is the Government Agency I.e. Acquiring Body and in view of public interest, it is imperative to extend latitude while dealing with the condonation of delay, by adopting liberal and pragmatic approach. If the appeal/s of the appellant acquiring body is/are not allowed to be presented for further process on the ground of such default of delay, no person is individually afected but, ultimately, the public interest would be at stake. Therefore, I do not fnd any impediment to allow 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 interest of justice. Hence, the application for condonation of delay deserve to be allowed. In sequel, the applications stand allowed in terms of prayer clause (B). Delay caused in fling appeal against the impugned judgment and award is hereby condoned.

{3} requisite steps for registration of appeal.

7] On registration of appeal, issue notice to respondents. R. & P. be called. Learned AGP waives notice for respondent Nos. 5 and 6. After compliance of procedural formalities and receipt of R. & P. matter be placed for admission in due course. [K.K. SONAWANE] JUDGE.

Grt/-.