The Executive Engineer, Lower Dudhana Project Selu, Parbhani Thr Exe Engineer, Jalana Irrigation Di v. The State Of Maharashtra And Others

33.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 33 CIVIL APPLICATION NO. 16001 OF 2015 IN FAST/32751/2015 WITH CA/16004/2015 IN FAST/32754/2015 WITH CA/16006/2015 IN FAST/32757/2015 WITH CA/16011/2015 IN FAST/32760/2015 THE EXECUTIVE ENGINEER, LOWER DUDHANA PROJECT SELU, PARBHANI THR EXE ENGINEER, JA

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Applicant : Mr.Bhalerao Sudhir G. AGP for Respondents-State: Mr. S.P. Sonpawale Advocate for Respondents : Mr. A. P. Avhad h/for Mr.A. D. Rakh

CORAM

: A. M. BADAR, J.

DATE :

14th December, 2015 PER COURT :

1.

Heard. Issue notice to non applicants.

2.

Shri A. D.Avad, holding for Shri A. D. Rakh, learned counsel waives notice for non applicants/ claimants. Learned AGP waives notice for respondents 1 and 2.

3.

Heard Shri Bhalerao, learned counsel appearing for the applicant/acquiring authority which is seeking to condone delay ranging from 148 to 224 days in bach of applications. In his submissions, after passing the 1/2

33.odt impugned judgment and award by learned Reference Court, steps were required to be taken for seeking approval for filing appeals under section 54 of the Land Acquisition Act. This process consumed time and as such, there is delay in filing appeals.

4.

Shri Avad, learned counsel appearing for non applicants/claimants objected the application by contending that sufficient cause is not shown for seeking condonation.

5.

Heard Learned AGP.

6.

Perusal of applications shows that the delay caused in filing the appeal is sufficiently explained. Hence, for the stated reasons, the applications are allowed in terms of prayer clause (B).

7.

Civil applications stand disposed of.

( A. M. BADAR, J. ) JPC 2/2