The Executive Engineer, Urdhva Pravara Dharan Prakalpa At Gulewadi v. Shahbuddin Papabhai Shaikh And Others

( 1 ) ca12474.13

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 12474 OF 2013 IN FIRST APPEAL ST. NO. 25969 OF 2013 WITH C.A. NO. 12456 OF 2013 IN F.A.ST. NO. 26031 OF 2013 C.A. NO. 12458 OF 2013 IN F.A.ST. NO. 26068 OF 2013 C.A. NO. 12460 OF 2013 IN F.A.ST. NO. 26058 OF 2013 C.A. NO. 12462 OF 2013 IN F.A.ST. NO. 26061 OF 2013 C.A. NO. 12464 OF 2013 IN F.A.ST. NO. 26065 OF 2013 C.A. NO. 12466 OF 2013 IN F.A.ST. NO. 26055 OF 2013 C.A. NO. 12468 OF 2013 IN F.A.ST. NO. 26048 OF 2013 C.A. NO. 12470 OF 2013 IN F.A.ST. NO. 26045 OF 2013 C.A. NO. 12472 OF 2013 IN F.A.ST. NO. 26038 OF 2013 C.A. NO. 12476 OF 2013 IN F.A.ST. NO. 26035 OF 2013 Mr. S.C. Arora, Advocate appellant.

Mr. S.B. Yawalkar, AGP for respondent/State.

Mr. R.K. Temkar, Advocate for R-1.

CORAM : A.M. BADAR,J.

DATED :

05.12.2015 P.C. :- 1.

These are applications for condonation of delay in filing appeals under section 54 of the Land Acquisition Act. Appeals are at the instance of acquiring authority.

2.

Heard Mr. S.C. Arora, learned Counsel appearing for the applicants, Mr. R.K. Temkar, learned Counsel appearing for non-applicants/claimants as well as learned A.G.P. appearing for the State and Land Acquisition

( 2 ) ca12474.13 Officer. Mr. Temkar, the learned Counsel submits that he will file Vakalatnama in all these matters, if not filed already, within a period of two weeks.

3.

According to Mr. Arora, learned Counsel appearing for the applicants, delay of 363 days in filing appeals occasioned because conscious decision was required to be taken at various levels and the procedure consumed time. As against this, according to Mr. Temkar, learned Counsel, there is no sufficient cause for condoning the delay.

4.

Perusal of averments in application shows that applicant was prevented by sufficient cause for not filing appeals within a period of limitation. The averments made in the applications are not controverted by filing counter affidavit. Hence, Civil Applications are allowed. Delay in filing appeals is condoned. First Appeals be registered.

[A.M. BADAR,J.] /2015/ 15/ snk NOV ca12474.13