G.M.I.D.C., Thr Ex. Engineer, Minor Irrigation Division, Osmanabad v. The State Of Maharashtra And ORS

{1} CA 9007 OF 2019

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 88 CIVIL APPLICATION NO.9007 OF 2019 IN FAST/27038/2018 G.M.I.D.C., THR EX. ENGINEER, MINOR IRRIGATION DIVISION, OSMANABAD

VERSUS

THE STATE OF MAHARASHTRA AND ORS ...

Advocate for Applicant-Acquiring Body : Ms.Rekha K. Laddha AGP for Respondent-State : Mr.S.N.Morampalle Advocate for Respondent-claimant : Mr.V.V.Ingale ...

CORAM : K.K.SONAWANE, J.

DATE: 17th February, 2020 PER COURT:- 1.

Heard learned counsel for the applicant-Acquiring Body and learned counsel for respondent-claimant as well as learned AGP for the respondents-State Authorities. Perused the application and relevant documents produced on record.

2.

The applicant-Acquiring Body moved the present application for condonation of delay caused in fling the frst appeal against impugned Judgment and Award passed by the learned Reference Court in Land Acquisition Reference fled 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. Applicant is Body corporate having its independent entity. After procuring the funds for court fees appeal came to be fled, however, there is delay in fling the appeal. According to learned counsel for applicant, delay so caused is not intentional or deliberate, but caused due to compliance of ofcial process. 3.

Learned counsel appearing for respondent-claimant raised objections and submits that delay has not been explained satisfactorily.

{2} CA 9007 OF 2019 The learned Reference Court has correctly appreciated evidence on record and awarded reasonable market value for the acquired land. Therefore, delay may not be condoned.

4.

I have given anxious consideration to the submissions advanced on behalf of both the learned counsel. Considering the nature of the subject-matter and reasons mentioned in the application, I do not fnd 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 deserves to be allowed.

In sequel, the application stands allowed in terms of prayer clause (B). Delay caused in fling 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 of admission of appeal to the respondents. Mr.V.V.Ingale, learned counsel waives service of notice for respondent-claimant. Learned AGP waives service of notice for respondents-State Authorities.

6.

Call for Record and Proceeding from the concerned Reference Court.

7. After compliance of procedural formalities, List the appeal for further process on 16.03.2020.

( K.K.SONAWANE ) JUDGE SPT