Bombay High Court
The Executive Engineer Medium Project ... vs Eknath Maroti Borse And Others on 13 January, 2020
Author: K.K.Sonawane
Bench: K.K.Sonawane
{1} CA 13519 OF 2019 & ORS
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
44 CIVIL APPLICATION NO.13519 OF 2019
IN FAST/35664/2019
WITH CA/13520/2019 IN FAST/35664/2019
WITH CA/13521/2019 IN FAST/35659/2019
WITH CA/13522/2019 IN FAST/35659/2019
WITH CA/13523/2019 IN FAST/35671/2019
WITH CA/13524/2019 IN FAST/35671/2019
WITH CA/13525/2019 IN FAST/35667/2019
WITH CA/13526/2019 IN FAST/35667/2019
WITH CA/13527/2019 IN FAST/35675/2019
WITH CA/13528/2019 IN FAST/35675/2019
THE EXECUTIVE ENGINEER, MINOR IRRIGATION DIVISION
JALGAON AND ANOTHER
VERSUS
ANANDA DAULAT NHAVI AND OTHERS
...
Advocate for Applicants : Mr.Ajay D. Pawar
AGP for Respondents No.2 & 3 : Mr.R.B.Bagul
...
CORAM : K.K.SONAWANE, J.
DATE: 13th January, 2020 PER COURT:-
1. Heard learned counsel for the applicant-Acquiring Body and learned AGP for respondents No.2 and 3. Despite service of notice, no one else appeared on behalf of respondent No.1. Perused the applications and relevant documents produced on record.
2. Applicant-Acquiring Body moved the present applications for condonation of delay in fling the frst appeals against impugned Judgment and Award passed by the learned Reference Court in Land Acquisition References fled under section 18 of the Land Acquisition Act, 1894. According to learned counsel for the applicant-Acquiring Body, impugned Judgment and Award passed by the Reference Court is erroneous, illegal and is not as per the provisions of Land Acquisition Act, 1894. Applicant is Body corporate having its independent entity. After procuring the funds for court fees appeals came to be fled, ::: Uploaded on - 16/01/2020 ::: Downloaded on - 09/06/2020 07:15:22 ::: {2} CA 13519 OF 2019 & ORS however, there is delay in fling the appeals. According to learned counsel for applicant-Acquiring Body, delay so caused is not intentional or deliberate, but caused due to compliance of ofcial process.
3. As referred above, respondent No.1-original claimant did not turn up to this Court even after service of notice. Therefore, no opportunity is received for hearing of the respondent No.1-claimant in these matters.
4. Considering the nature of the subject-matter and reasons mentioned in the applications, I do not fnd any impediment to allow the applications for condonation of delay. The public interest is involved into the matter. It is settled law that liberal and pragmatic approach is essential to be adopted by avoiding pedantic approach while dealing with the application for consideration of delay. Therefore, it is imperative to grant some sort of latitude to the applicant - Acquiring Body to present an appeal by condoning the delay. It would not cause any prejudice or injustice to the respondent. In contrast, it would sub-serve the purpose of substantial justice. Hence, the applications for condonation of delay deserve to be allowed. In sequel, the applications stand allowed in terms of prayer clause (B). Delay caused in fling appeals against the impugned Judgment and Award is hereby condoned. Registry to take requisite steps for registration of appeals. Civil applications stand disposed of accordingly.
5. On registration of appeals, issue notice for admission of appeals to the respondents, returnable on 12.02.2020. Learned AGP waives service of notice for respondents No.2 and 3.
6. After compliance of procedural formalities, list the appeals alongwith stay petitions on 12.02.2020.
( K.K.SONAWANE ) JUDGE SPT ::: Uploaded on - 16/01/2020 ::: Downloaded on - 09/06/2020 07:15:22 :::