The Ex. Engineer, Lower Dudhana Project Division (Formerly) Thr Ex. Engineer And ORS v. Tukaram Aashruba Jagtap

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

51 CIVIL APPLICATION NO. 15193 OF 2019 IN FAST/39386/2019 THE EX. ENGINEER, LOWER DUDHANA PROJECT DIVISION (FORMERLY) THR EX. ENGINEER AND OTHERS

VERSUS

HARIRAM TUKARAM SHELKE ...

Advocate for Applicant : Mr. S. C. Arora.

Advocate for Respondent : Mrs. Pratibha Jagdish Bharad. ...

AND 53 CIVIL APPLICATION NO. 15191 OF 2019 IN FAST/39376/2019 THE EX. ENGINEER, LOWER DUDHANA PROJECT DIVISION (FORMERLY) THR EX. ENGINEER AND OTHERS

VERSUS

TUKARAM AASHRUBA JAGTAP ...

Advocate for Applicant : Mr. S. C. Arora.

Advocate for Respondent : Mrs. Pratibha Jagdish Bharad. ...

CORAM :

SHRIKANT D. KULKARNI, J.

DATE :

28th March, 2022.

P.C.:

.

These are the applications for condonation of delay moved by the acquiring body.

Heard Mr. S. C. Arora, learned counsel for acquiring body and Mrs. P. J. Bharad, learned counsel for original claimants.

Mrs. P. J. Bharad, learned counsel for original claimants strongly opposed to condone the delay. She submitted that the acquiring body has not assigned sufficient reasons to condone the delay. The applications may be rejected.

Mr. Arora, learned counsel for acquiring body submitted that the delay has occurred due to completing formalities and sanction from the competent authority. There was no intentional delay on the part of the acquiring body to prefer the appeals. He, therefore, urged to condone the delay in both the matters.

I have considered the submissions of both the sides. In Civil Application No.15191 of 2019 there is delay of 617 days in preferring the appeal and in Civil Application No.15193 of 2019 there is delay of 689 days in preferring the appeal at the the hands of the acquiring body.

For the reasons stated in the applications for condonation of delay, paragraphs 5 to 9, the delay needs to be condoned in the interest of justice. Hence, the following order is passed:

O R D E R

I.

Both the applications are hereby allowed in terms of prayer clause (B).

II.

The Registry to make scrutiny of the appeals as per the procedure and the appeals be numbered and placed before the Court for admission.

III.

Both the civil applications are accordingly disposed of.

[ SHRIKANT D. KULKARNI, J. ] nga