The Ex. Engineer, Minor Irrigation Zillha Parishad Osmanabad And ORS v. Atul Vyankatesh Deshpande And ANR

1 931-CA-11618-17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 931 CIVIL APPLICATION NO. 11618 OF 2017 IN FAST/27496/2017 THE EX. ENGINEER, MINOR IRRIGATION ZILLHA PARISHAD OSMANABAD AND ORS

VERSUS

ATUL VYANKATESH DESHPANDE AND ANR ...

Advocate for Applicants : Mr. Kailas U. More Adv. for Respondents 1 & 2 : Mr. P.D. Dadpe h/f S.P. Danve ...

CORAM : K.K. SONAWANE, J.

DATED : 4th JULY, 2018.

Order :- 1.

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

2.

The applicant No. 1 - 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 applicantAcquiring 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. Applicant No. 1 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 applicants, delay so caused is not intentional or deliberate, but caused due to compliance of official process. 3.

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

2 931-CA-11618-17 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 respondents. Mr. Dadpe, learned counsel waives service of notice for respondentsoriginal claimants.

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

7. After procedural formalities, list the appeal for admission in due course.

[ K. K. SONAWANE ] JUDGE MTK.