The Project Director And Ex-Officio Joint Secretary (Rd), Panaji And ANR v. Communidade Of Murda, Thr. Its Attorney

Esha

IN THE HIGH COURT OF BOMBAY AT GOA

MISC. CIVIL APPLICATION NO. 221 OF 2022 IN STAMP NUMBER MAIN NO. 1681 OF 2018 (F) THE PROJECT DIRECTOR AND EXOFFICIO JOINT SECRETARY (RD), PANAJI AND ANR.

... APPLICANTS VS COMMUNIDADE OF MURDA, THR.

ITS ATTORNEY ... RESPONDENT ****** Mr. Deep D. Shirodkar, Additional Government Advocate for the Applicants.

Ms. Sonadevi Nishad, Advocate for the Respondent.

CORAM:

B.P. COLABAWALLA, J.

DATED:

3 JANUARY 2023 P.C.:

1.

The above Application is filed seeking a condonation of delay of 485 days in filing the above First Appeal [Stamp (F) No. 1681 of 2018].

2.

The learned Advocate appearing on behalf of the respondent vehemently opposed the grounds of condonation. She submitted that the above Application is devoid of any particulars justifying

the delay in filing the above Application. It is submitted that the delay in filing the above Application ought not to be condoned and the above Application may be dismissed.

3.

I have heard the learned Additional Government Advocate appearing on behalf of the applicants and the learned Advocate for the respondent.

4.

The explanation for the delay can be found in paragraphs 4 to 9 of the above Application. To put it in a nutshell, it is stated that the present Appeal is one of the Appeals from a group of 19 matters arising from the same acquisition. The other Appeals were prepared and filed in batches and are at different stages before this Court. This being another Appeal from the entire group, there was a delay in filing the same.

5.

Having perused the Application, I am not in agreement with the argument canvassed on behalf of the respondent that there is no explanation for the delay.

6.

In these circumstances, the delay of 485 days in filing the above Appeal is condoned. The Registry is directed to number the Appeal subject to other objections, if any, being removed.

7.

The above Application is disposed of in the above terms. B.P. COLABAWALLA, J.

VAIGANKAR ESHA SAINATH ESHA SAINATH Date: 2023.01.03 18:47:58 +05'30'