The Executive Engineer Medium Project Division Usmanabad v. The State Of Maharashtra And Another

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD (1) CA NO.10243/2014 918 CIVIL APPLICATION NO. 10243 OF 2014 IN FAST/25804/2014 THE EXECUTIVE ENGINEER MEDIUM PROJECT DIVISION USMANABAD

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for Applicant : Mr.Bhalerao Sudhir G. AGP for Respondent State: Mr.S.P.Deshmukh Mr.Deshmukh Prashant K., Adv., for J. H. Bhote, (power Of Attorney For R/2) ...

CORAM : P.R. BORA, J.

Dated: August 26, 2016 ...

PER COURT :- 1.

Heard Shri Bhalerao and Shri Deshmukh, learned Counsel appearing for the parties.

2.

Delay of 1205 days has occurred in filing the present appeal. Learned counsel appearing for the applicant submits that in seeking necessary sanctions from the appropriate authorities in making procedural compliances time was consumed and that is the reason why the appeals could not be filed within limitation. Learned Counsel submits that erroneous mistakes are committed by the Reference Court in awarding compensation and as such opportunity needs to be given to the acquiring body to contest the matter on merits. AGP/-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD (2) CA NO.10243/2014 3.

Shri Deshmukh, learned Counsel appearing for the claimants has opposed for condonation of delay. Learned Counsel submits that there are no reasons, much less sufficient reasons, for condoning the delay. In the alternative, learned Counsel submits that if the Court is inclined to condone the delay, adequate costs be awarded to the claimants.

4.

Considering the grounds of objection raised in exception of the impugned award, it appears to me that opportunity needs to be given to the appellant acquiring body to contest the matter on merits. In the circumstances, I am inclined to allow the present application; of course, subject to costs as has been claimed by the claimants. Hence, the following order:

ORDER

1) The application for condonation of delay is allowed. Delay is condoned subject to costs of Rs.2,000/- to be paid within eight weeks. Civil Application stands disposed of.

( P.R. BORA, J. ) AGP/-