Executive Engineer Minor Irrigation Division No.2, Chikhali v. Uttam Baliram Bhagat And 2 Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (CAF) 3514 OF 2014 IN FIRST APPEAL (STAMP) NO. 20720 OF 2014 (Executive Engineer, Minor Irrigation Vs. Uttam Baliram Bhagat & others) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri V. G. Palshikar, Advocate for the appellant. Shri N. R. Rode, A.G.P. for respondent Nos. 2 & 3. CORAM : B. P. DHARMADHIKARI AND S. B. SHUKRE, JJ.

DATED : 24 MARCH, 2015 Prayer is to condone delay in filing the appeal under Section 54 of the Land Acquisition Act. The Registry has pointed out that there is delay of 482 days. According to Shri Palshikar, the delay is only 100 days. Nobody appears for respondent No.1, though served.

Certified copy of the judgment delivered by Reference Court shows in title at the top of its first page the date 20/3/2014 as date of the decision. However, on 2nd page below the word 'Judgment' date 20th March, 2013 has been mentioned. Very same date appears again at the end of the judgment at page

27. The Presiding Officer while putting signature has not put any date. However, on award the date of

2403caf3514.14.odt 2/2 decision has been mentioned as 20/03/2014. After reproducing the operative order in the award again date 20/03/2013 appears. However, below the Bill of Costs, learned Presiding Officer has mentioned date 26/3/2014.

It is, therefore, obvious that mention of year 2013 in the certified copy of the judgment is an inadvertent error.

Perusal of paragraph-2 of the application for condonation of delay shows that within reasonable time the steps were taken to procure certified copy, to obtain legal opinion and then necessary clearance. The Court-fee was paid to the standing Counsel on 20/9/2014 and the papers have been signed and sworn in by the Executive Engineer on 07/10/2014. The appeal has been presented with prayer for condonation of delay on 13/10/2014. As such, we do not see any laches or negligence on the part of the applicant. The delay is, therefore, condoned.

Office to register the first appeal.

JUDGE JUDGE wwl