State Of Goa, Thr. Under Secretary (Rev-I) And 3 ORS v. Naval Narottam Kakodkar And ANR

906=MCA-162-2021-F.DOC vinita

IN THE HIGH COURT OF BOMBAY AT GOA.

MISC. CIVIL APPLICATION NO. 162 OF 2021-F IN FIRST APPEAL NO. 1571 OF 2021-F.

STATE OF GOA, THR.

UNDER SECRETARY (REV-I)AND 3 ORS ....Applicants.

VS NAVAL NAROTTAM KAKODKAR AND ANR ....Respondents.

Ms. S. Kamat, Addl. Govt. Advocate for the applicants.

CORAM:

MANISH PITALE, J.

DATED:

9th December, 2021.

P.C.:

1.

This is an application for condonation of delay in filing accompanying First Appeal. State and its Authorities are before this Court challenging judgment and order dated 25.7.2019 passed by the Court of Adhoc District Judge-I South Goa, Margao, whereby reference initiated in connection with Land Acquisition proceedings has resulted in an award in favour of the respondents.

2.

This Court issued notice to the respondents. Office note shows that service is complete, yet none appeared on behalf of the respondents. There is delay of 668 days in filing the appeal. It is explained in the application that after certified

906=MCA-162-2021-F.DOC copy of the award was obtained, the same along with documents was sent to the concerned department for approval. However, during the said process when the file was to be moved from one department to other, the same was misplaced and it was not traceable. Thereafter, COVID-19 pandemic resulted in imposition of lock down due to which, for a long period of time the concerned department had to work with limited staff.

3.

Eventually, a duplicate file was prepared and immediately steps were taken for filing the accompanying appeal.

4.

Considering the reasons stated in the application, this Court is of the opinion that same deserves to be allowed, in the interest of justice.

5.

Accordingly, the application is allowed and delay is condoned.

6.

Application stands disposed of.

MANISH PITALE,J.

VINITA VIKAS NAIK Date: 2021.12.09 18:41:57 +05'30'