The State Of Maharashtra And Another v. Venkat Laxman Balure Died Through His Lrs Vishwambhar And Others

CA-1386-2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 1386 OF 2015 IN FIRST APPEAL (ST.) NO. 27676 OF 2014 The State of Maharashtra and anr.

.. Applicants

VERSUS

Ganpati Shripati Balure .. Respondent WITH CIVIL APPLICATION NO. 1392 OF 2015 IN FAST/27731/2014 CIVIL APPLICATION NO. 1394 OF 2015 IN FAST/27831/2014 CIVIL APPLICATION NO. 1395 OF 2015 IN FAST/27834/2014 ---- Mr. S.P. Daund, AGP for the applicant/State in all CAs ---- CORAM : M.T. JOSHI, J.

DATE : 04/02/2015 ORAL ORDER :

1.

Heard learned A.G.P.

2.

The present applications are the classic example of the callous attitude of the Government machinery, in not prosecuting the cases diligently. Delay of 3015 days, respectively, caused in filing the first appeals, is sought to be condoned by the present civil applications.

3.

Reading of the present applications itself

CA-1386-2015 would show that delay only upto July, 2006 is explained that the Assistant Government Pleader prepared the draft/s and, thereafter, there in no explanation as to why further delay upto 13/10/2014 i.e. till filing of the present applications has occurred.

4.

Reading of the award of the learned reference Court would show that the lands in question were acquired after issuing notification under section 4(1) of the Land Acquisition Act on 26/3/1981. Thereafter, after offering the prices by the Land Acquisition Officer, the Land Acquisition Reference Applications were filed in the year 1990 and those were ultimately decided by the learned Additional District Judge in the year 2006.

5.

In that view of the matter, no reasonable explanation is given by the State for condoning the delay. The Civil Applications are therefore dismissed. [M.T. JOSHI] JUDGE arp/