Executive Engineer,Latur Medium Project,Now Latur Minor Irrigation Div., Latur Under Gmidc And ANR v. Dnyanoba Vyankoba Haridas Died Thr His Lrs Yamunabai And ORS
1 45-CA-11887-16
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 45 CIVIL APPLICATION NO. 11887 OF 2016 IN FAST/23573/2016 EXECUTIVE ENGINEER,LATUR MEDIUM PROJECT,NOW LATUR MINOR IRRIGATION DIV., LATUR UN
VERSUS
DNYANOBA VYANKOBA HARIDAS DIED THR HIS LRS YAMUNABAI AND ORS ...
Advocate for Applicant : Mr. B.R. Surwase Advocate for respondents-original claimants : Mr. S.V. Gundre -Absent .....
CORAM : K.K. SONAWANE, J.
DATED : 13th NOVEMBER, 2017.
Order :- 1.
When the matter is called out none appears for respondents original claimants. Heard learned counsel for the applicant-Acquiring Body as well as learned AGP for co-applicant No. 2. The matter pertains condonation of delay since 2016. In view of nature of subject-matter, I prefer to proceed in absence of respondents-original claimants.
2.
The applicant-Acquiring Body moved the present application for condonation of delay in filing the first appeal against impugned Judgment and Award passed by the learned Reference Court in Land Acquisition Reference filed under section 18 of the Land Acquisition Act, 1894. According to learned counsel for the applicant-Acquiring Body, impugned Judgment and Award passed by the Reference Court is erroneous, illegal and is not as per the provisions of Land Acquisition Act, 1894. The applicant is Body corporate having its independent entity. After procuring the funds for court fees appeal came to be filed, however, there is delay in filing the appeal. According to learned counsel for applicant, delay so caused is not intentional or deliberate, but caused due to compliance of official process.
2 45-CA-11887-16 3.
As referred above, respondents-original claimants remained absent, therefore, no opportunity for hearing them in the present applications is received to this Court. Considering the nature of the subject-matter and reasons mentioned in the application, I do not find any impediment to allow the application 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 application for condonation of delay deserve to be allowed. In sequel, the application stands allowed in terms of prayer clause (B). Delay caused in filing appeal against the impugned Judgment and Award is hereby condoned. Registry to take requisite steps for registration of appeal. Civil application stands disposed of accordingly. 4.
On registration of appeal, issue notice to the respondents.
5. Meanwhile, call for record and proceedings from the concerned learned Reference Court.
6. List the appeal for admission in due course. Sd/- [ K. K. SONAWANE ] JUDGE MTK