State Of Maharashtra Through The District Collector Nashik v. Mangu Ramdas Chavan
(3)-ia-8220-2024.doc.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 8220 OF 2024 IN FIRST APPEAL (ST) NO.33050 OF 2022 Digitally signed by BALAJI GOVINDRAO PANCHAL Date:
2024.05.06 13:12:25 +0530 BALAJI GOVINDRAO PANCHAL The State of Maharashtra ..Applicant
Versus
Mangu Ramdas Chavan ..Respondent Mr. A. R. Patil, AGP for the Applicant/State. CORAM : KISHORE C. SANT, J.
DATE : 30th APRIL, 2024 P.C.
1.
This Application is filed seeking condonation of delay of 3 years 353 days caused in filing Appeal. The Appeal is filed by the acquiring body/State challenging the judgment and award passed by learned Civil Judge, Senior Division, Nashik, in LAR No.70 of 2012. It is stated in the Application that the delay is not intentional. Some time was spent in taking decision for filing the Appeal. Some communication was required as the proposals were sent by the District Government Pleader to the authorities. It is thereafter the authorities decided to file the Appeal. In that process, some time is taken. Thus, delay is not intentional and for the reasons stated in the Application, this Court finds that sufficient reasons are given for condonation of delay. Delay therefore needs to be condoned and the BGP.
(3)-ia-8220-2024.doc.
same is condoned. This Court is also informed that the Appeal is arising out of the judgment, wherein enhancement in the amount of compensation by the Reference Court is less than four times of the amount awarded by the learned SLAO. The Government has now taken a decision not to file Appeal, wherein the amount of enhancement is less than four times of the award by the SLAO. In view of the said decision Applicant is intending to withdraw the Appeal. Considering this, this Court is inclined to allow the Application for condonation of delay even without issuing notice. 2.
The Application therefore stands allowed. Delay stands condoned.
[KISHORE C. SANT, J.] BGP.