The Godavari Marathwada Irrigation Development Corporation Thr The Executive Engineer And ANR v. Nagnath Eknath Lande

1 933-CA-16486-16-D

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 16486 OF 2016 IN FAST/33923/2016 THE GODAVARI MARATHWADA IRRIGATION DEVELOPMENT CORPORATION THR THE EXECUTIVE ENGINEER AND ANR.

VERSUS

NAGNATH EKNATH LANDE ...

Advocate for Applicant No.1 : Mr.Avinash D. Hande h/f. Mr. Anil M. Gaikwad.

AGP for Applicant No.2 - State : Mr. A. M. Phule. ...

CORAM : K.K. SONAWANE, J.

DATED : 6th JUNE, 2018.

Order :- Heard learned counsel for applicant- Acquiring Body and learned AGP for applicant No.2 - State of Maharashtra. Despite service of notice, none appeared for respondent-original claimant. Perused the application.

2.

The applicant moved present application for condonation of delay caused in filing the first appeal against impugned Judgment and Award passed by the learned Reference Court in Land Acquisition References filed 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 the Land Acquisition Act. The applicant is Body corporate having its independent entity. After procuring the funds for court fees appeals came to be filed, however, there is delay in filing the appeal. According to learned counsel for applicant, delay so caused is not intentional or deliberate, but it was caused due to compliance of official process. Therefore, he prayed to condone the delay. 3.

The learned AGP for applicant No. 2 submits for suitable order in the interest of justice.

2 933-CA-16486-16-D 4.

I have given anxious consideration to the submissions advanced on behalf of both side. Admittedly, matter pertains to the land acquisition proceedings involving public funds. The applicant- Acquiring Body is the Government Agency looking after the irrigation projects. In view of nature of the subject matter and the reasons mentioned in the application, an reasonable opportunity is essential to be granted to the applicant- Acquiring Body to ventilate it's grievance in the Appellate Forum for redressal. Therefore, delay caused for filing First Appeal is required to be condoned. Accordingly, application for condonation of delay stands allowed in terms of prayer clause 'A'. The delay caused in preferring the First Appeal against impugned Judgment and Award is hereby condoned. The civil application is disposed of in above terms accordingly. Registry to take requisite steps for further process. 5.

After registration of appeal, issue notice to respondentoriginal claimant, returnable on 12-07-2018. 6.

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

7.

After receipt of record and proceedings, list the matter for final hearing at the stage of admission in due course. [ K. K. SONAWANE ] JUDGE rrd.