The Executive Engineer, Maha. State Road Development Corporation (Ring Road Project), Nagpur v. The State Of Maharashtra, Thr. The Special Acquisition Officer (General), Nagpur And Others

2025:BHC-NAG:10160-DB 1 1-CAF No.2177.2024

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO. 2177 OF 2024 IN FIRST APPEAL (ST.) NO. 15435 OF 2024 The Executive Engineer, Maharashtra State Road Development Corporation, Nagpur ..VS..

State of Maharashtra and others -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Mr. A. D. Mohgaonkar, Advocate for applicant/appellant. Mr. J. Y. Ghurde, AGP for respondent No.1.

Mr. S.N. Bhattad, Advocate for respondent Nos. 2 to 4. CORAM : SMT. M.S. JAWALKAR, AND RAJ D. WAKODE, JJ.

DATED : 03 rd OCTOBER, 1.

Heard.

2.

The present application is filed for condonation of delay in filing first appeal. It is contention of the applicant that the applicant/appellant is the acquiring body, however, the proceedings were conducted by the Public Works Department (PWD). It is contended that the complete reference was conducted behind back of the applicant/appellant. No notice was issued to the applicant and PWD filed its written-statement.

3.

For the reasons stated in the application in para 9 and 10, there is a justifiable reason to condone the delay.

2 1-CAF No.2177.2024 Otherwise also the respondents have also no serious objection to condone the delay.

4.

As such, the delay of 253 days is hereby condoned. 5.

The Registry is directed to register the Appeal. 6.

After registration of the same, list the matter for admission.

7.

Learned Assistant Government Pleader Mr. J. Y. Ghurde waives service of notice for respondent No.1/State and learned Counsel Mr. S. N. Bhattad waives service of notice for respondent Nos.2 to 4.

The Civil Application stands disposed of.

(RAJ D. WAKODE, J.) (SMT. M.S. JAWALKAR, J.) Kirtak