Executive Engineer,Irrigation Project Strengthing(Majbutikaran) Div., Omerga Thr M.K.V.D.C. And ORS v. Bajirao Kerba Jadhav

1 930-CA-14732-16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 930 CIVIL APPLICATION NO. 14732 OF 2016 IN FAST/26813/2016 EXECUTIVE ENGINEER,IRRIGATION PROJECT STRENGTHING(MAJBUTIKARAN) DIV., OMERGA THR

VERSUS

BAJIRAO KERBA JADHAV ...

Advocate for Applicant : Mr. Arvind N. Gaddime Advocate for Respondents/claimants : Mr. S.A. Wakure WITH CA/14734/2016 IN FAST/27270/2016 WITH CA/14736/2016 IN FAST/27273/2016 WITH CA/14738/2016 IN FAST/27267/2016 CORAM : K.K. SONAWANE, J.

DATED : 05TH OCTOBER, 2017.

Order :- 1.

Heard learned counsel for the applicant-Acquiring Body as well as learned for respondents-original claimants in the applications. 2.

The applicants moved the present applications for condonation of delay in filing the first appeals against impugned Judgment and Award passed by the learned Joint Civil Judge, Senior Division, Osmanabad in Land Acquisition References. According to learned counsel for the applicant, 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 etc. appeal came to be filed, however, there is delay in filing the appeals. 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 respondents-claimants submits that there is inordinate delay, which has not been explained satisfactorily,

2 930-CA-14732-16 therefore, the same cannot be condoned and prayed for rejection of application.

4.

Perused the application. Considering the nature of the subjectmatter and reasons mentioned in the application, I do not find any impediment to allow the applications for condonation of delay. The public interest is involved in these matters. 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, reasonable latitude is required to be given to the applicantAcquiring Body to present an appeals by condoning the delay. It would not cause any prejudice or injustice to the respondents. In contrast, it would sub-serve the interest of justice. Hence, the applications for condonation of delay deserves to be allowed. In sequel, the applications stand 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 appeals and list the matter for further process in due course. 5.

The civil applications are allowed in above terms and stand disposed of.

Sd/- [ K. K. SONAWANE ] JUDGE mtk.