Krishna S/O Tanba Bhivgade v. The Executive Engineer, Gosikhurd Project, Nagpur And Others

39 CAF-346-2023

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (F) NO.346 OF 2023 IN FIRST APPEAL (ST) NO.13562 OF 2022 [Krishna S/o Tanba Bhivgade ..V/s.. The Executive Engineer and Ors.] ________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Mr S. V. Ingole, Advocate for Applicant/Appellant. Mr Lule, Advocate for Respondent No.1.

Ms T. H. Udeshi, AGP for Respondent Nos.2 and 3. CORAM : URMILA JOSHI-PHALKE , J.

DATE : 18 th APRIL, 3 .

.

Present application is for condonation of delay of 181 days, which is caused in preferring the appeal. The appeal is filed by the original claimant for enhancement of the compensation. 2.

As per the contention of the applicant/appellant, his land is already acquired by the respondent, and therefore, he became landless. He has no source of income, and therefore, he could not arrange the amount to pay the court fees stamp. The ground further raised by the appellant is that he is poor agriculturist and was facing financial crisis, therefore he could not arrange the amount, hence delay of 181 days is caused, which is sufficient and reasonable cause.

3.

Learned Advocate for respondent No.1 raised the objection on the ground that the delay is not properly explained. Learned Assistant Government Pleader has also raised the strong objection by endorsing the same contention.

4.

In view of the reasons mentioned in the application, the TAMBE

39 CAF-346-2023 delay deserves to be condoned subject to the waiver of interest for 181 days.

5.

In view of the above, civil application is allowed. Delay of 181 days is condoned. Appeal be registered and numbered accordingly.

6.

The civil application is disposed of accordingly. FIRST APPEAL (ST) NO.13562 OF 2022.

7.

Heard.

8.

Admit.

9.

Call for Record and Proceedings.

10.

Learned Advocate Mr Lule waives notice for respondent No.1. Learned Assistant Government Pleader waives notice for respondent Nos.2 and 3.

11.

The appellant is permitted to file the private paper-book within ten weeks after receipt of record and proceedings. 12.

Place the matter before the Court for final hearing after filing of private paper-book, its verification as per its own turn. JUDGE ASHOKRAO TAMBE Personal Assistant to Hon'ble JUDGE TAMBE