Bombay High CourtCAF/2238/2015dismissedrule discharged

Union Of India, Through Deputy Chief Engineer (Nirman), Ajni Madhya Railway, Nagpur v. Arun S/O Vithoba Lakurwale And Another

2016-10-05Hon'Ble Shri Justice Z.A. Haq2 pages

1 caf2238.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO.2238 OF 2015 IN FIRST APPEAL ST. NO.6809 OF 2015 (DY. CHIEF ENGINEER (NIRMAN),AJNI MADHYA RAILWAY...VS..ARUN VITHOBA LEKURWALE & ANR) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri Anoop Parihar, Advocate for Applicant-Appellant. Shri S.B.Bissa, A.G.P. for Respondent No. 2.

CORAM : Z.A.HAQ, J.

DATED : OCTOBER 05, 2016.

The appellant has filed appeal challenging the award passed by the reference Court enhancing the amount of compensation for 37 orange trees. There is delay of 612 days in filing the appeal and therefore, the application praying for condonation of delay is filed. The details explaining the delay are given in paragraph Nos. 2, 3 and 4 of the application. The averments in the application show that the decision to challenge the impugned award dated 16th March, 2013 was taken after receiving the opinion of Law Officer on 23rd May, 2013. It is stated that the relevant documents were sent to the Standing Counsel of the Corporation before the High Court on 14th September, 2014. There is no explanation for not taking steps for the period of almost 16 months. The explanation given by the appellant is not sufficient to condone the inordinate delay. The application is dismissed, consequently the First Appeal is rejected.

JUDGE RRaut..

2 caf2238.15 CERTIFICATE I certify that this order uploaded is a true and correct copy of original signed order.

Uploaded by : R.B. Raut, PS Uploaded on : 06/10/2016.