The State Of Maharashtra And ANR v. Ambadas Bajirao Patil

1 947-CA-12500-16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 947 CIVIL APPLICATION NO. 12500 OF 2016 IN FAST/24996/2016 THE STATE OF MAHARASHTRA AND ANR

VERSUS

AMBADAS BAJIRAO PATIL ...

AGP for Applicants : Mr. B.V. Virdhe Adv. for Respondents : Mr. A.T. Jadhavar ...

WITH CA/12502/2016 IN FAST/25041/2016 ...

CORAM : K.K. SONAWANE, J.

DATED : 3rd NOVEMBER, 2017.

Order :- 1.

Heard learned AGP for applicants and learned counsel for respondents-original claimants.

2.

These applications moved for condonation of delay in filing First appeal against impugned judgment and order passed by the learned Reference Court in Land Acquisition References filed under section 18 of the Land Acquisition Act, 1894. According to learned AGP the delay caused in filing the appeal is not intentional or deliberate but it caused due to compliance of official as well as budgetary allocation for court fees and other expenses. Therefore, learned AGP prays for condonation of delay in the interest of justice.

3.

The learned counsel for respondents-original claimants raised objection and submits that reasons mentioned in the applications are not satisfactory and considerable for condonation of delay. There is huge delay in filing the appeal. Hence, he requested not to nod in favour of applicants.

4.

I have given anxious consideration to the arguments advanced on behalf of both sides. Perused the record and proceedings and relevant documents produced on record.

Admittedly the applicants/appellants are Government authorities. The applicants are

2 947-CA-12500-16 intending to file appeals against impugned judgment and award passed by the learned Reference Court under section 18 of the Land Acquisition Act, 1984. According to learned AGP, exorbitant market value came to be granted by the learned Reference Court for the land under acquisition. In such circumstances, it would be justifiable to provide reasonable opportunity to the Government Authority to ventilate its grievance to the Appellate Forum for redressal. 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. In view of attending circumstances, it is also imperative to grant some sort of latitude in favour of applicants being Government for compliance of documentary formalities.

In case, delay is not condoned, no one individual would be affected, but the public funds are at stake. Hence, I do not find any impediment to condone the delay. It would not cause any prejudice or injustice to the respondents. In contrast, it would subserve the purpose for 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 filing appeals against the impugned Judgment and Award is hereby condoned. Registry to take requisite steps for registration of appeals. The civil applications are allowed in above terms and stand disposed of. 5.

On registration of appeals, issue notice to the respondents-original claimants.

6.

Mr. A.T.Jadhwar, learned counsel waives service of notice for respondents original claimants.

7.

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

8.

Stand over to 6th December, 2017.

[ K. K. SONAWANE ] JUDGE mtk.