The Project Director And Ex-Officio Jt. Secretary (Rd) And ANR., v. Joao De Araujo And 2 ORS.,

IN THE HIGH COURT OF BOMBAY AT GOA

MISC.CIVIL APPLICATION NO. 162 OF 2018 IN STAMP NUMBER MAIN NO. 2419 OF 2017 THE PROJECT DIRECTOR AND EX-OFFICIO JT. SECRETARY (RD) AND ANR., ... Applicants

Versus

JOAO DE ARAUJO AND 2 ORS., ... Respondents Shri Deep D. Shirodkar, Additional Government Advocate for the applicants.

Ms. A. Araujo h/f. Shri Prasheen Lotlikar, Advocate for the respondent No.1.

Coram:- NUTAN D. SARDESSAI, J.

Date:- 15th June 2018 P.C.:

Heard Shri Deep D. Shirodkar, learned Additional Government Advocate for the applicants and Ms. A. Araujo, learned Advocate for the respondent No.1.

2. The learned Additional Government Advocate for the applicants seeks for the condonation of delay of 252 days on the grounds that time was spent in obtaining legal opinion and in view of the other similar matters arising out of the said acquisition. Besides, there were other procedural hurdles on account of which the file could not be processed resulting in the

MCA/162/2018 delay of 252 days in filing the appeal which may be condoned. The applicants have a good case to succeed on merits and therefore application be allowed.

3. Ms. Araujo, learned Advocate for the respondent No.1 opposed the application on the premise that the grounds urged are not sufficient and therefore ought to be dismissed.

4. The State which is otherwise the exchequer has to pay the amount due under the award and has to be given adequate opportunity to represent its case on merits. Having heard the learned Additional Government Advocate for the applicants and considering the administrative and official hassles incurred in the process of filing, i deem it appropriate to condone the delay.

5. In view thereof, the delay is condoned. The Registry to register the appeal.

6. The application stands disposed off accordingly. NUTAN D. SARDESSAI, J.

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