Executive Engineer, Upper Penganga Project Division No.6, Nanded Under Gmidc Aurangabad And ORS v. Parvatibai Marotwad Gundewar

1 47-CA-15051-16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 47 CIVIL APPLICATION NO. 15051 OF 2016 IN FAST/26250/2016 EXECUTIVE ENGINEER, UPPER PENGANGA PROJECT DIVISION NO.6, NANDED UNDER GMIDC AURA

VERSUS

PARVATIBAI MAROTWAD GUNDEWAR ...

Advocate for Applicants : Mr. B.R. Surwase Advocate for respondent : Mr. Meraj Khan h/f Mr. S.H. Panchal .....

CORAM : K.K. SONAWANE, J.

DATED : 13th NOVEMBER, 2017.

Order :- 1.

Heard learned counsel for the applicant-Acquiring Body as well as learned AGP for co appellants No. 2 and 3 and learned counsel for respondent - original claimant.

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. 3.

The learned counsel for respondent-original claimant submits that there is inordinate delay, which has not been explained satisfactorily, therefore, the same cannot be condoned and prayed for rejection of application.

2 47-CA-15051-16 4.

I have given anxious consideration to the submission of both learned counsel. 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. 5.

On registration of appeal, issue notice to the respondent. Mr. Panchal, learned counsel waives service of notice for respondent.

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

7. List the appeal for admission in due course. Sd/- [ K. K. SONAWANE ] JUDGE MTK