Bombay High Court
The State Of Maharashtra And Ors vs Dagdu Prabhu Tambe on 30 January, 2020
Author: K.K.Sonawane
Bench: K.K.Sonawane
{1} CA 9751 OF 2019 & ORS
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
919 CIVIL APPLICATION NO.9751 OF 2019
IN FAST/21230/2019
THE STATE OF MAHARASHTRA AND ORS
VERSUS
DHONDIRAM PRABHU TAMBE
...
WITH CA/9753/2019 IN FAST/21423/2019
WITH CA/9755/2019 IN FAST/21418/2019
WITH CA/9757/2019 IN FAST/21415/2019
...
Advocate for Applicants-State Authorities : Mr.R.B.Bagul
Advocate for Respondents-claimants : Mr.D.D.Sarawade Patil
...
CORAM : K.K.SONAWANE, J.
DATE: 30th January, 2020 PER COURT:-
1. Heard learned AGP for the applicants-State Authorities and learned counsel for the respondents-original claimants.
2. Applicants moved the present applications for condonation of delay caused 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 AGP for the applicants-State Authorities, impugned Judgment and Award passed by the Reference Court is erroneous, illegal and is not as per the provisions of Land Acquisition Act, 1894. After procuring the funds for court fees appeals came to be fled, however, there is delay in fling the appeals. According to learned AGP for applicants-State Authorities, delay so caused is not intentional or deliberate, but caused due to compliance of ofcial process.
3. Learned counsel for the respondents-original claimants submits that there is inordinate delay, which has not been explained ::: Uploaded on - 04/02/2020 ::: Downloaded on - 12/06/2020 11:15:19 ::: {2} CA 9751 OF 2019 & ORS satisfactorily, therefore, the same cannot be condoned and prayed for rejection of applications.
4. I have given anxious consideration to the submissions advanced by learned AGP for the applicants-State Authorities and learned counsel for the respondents-original claimants. 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 applicants-State Authorities to present appeals by condoning the delay. It would not cause any prejudice or injustice to the respondents. 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 to the respondents- original claimants. Mr.D.D.Sarawade Patil, learned counsel waives service of notice for the respondents-original claimants.
6. Meanwhile, call for record and proceeding from the concerned learned Reference Court.
7. List the appeals for admission in due course.
( K.K.SONAWANE ) JUDGE SPT ::: Uploaded on - 04/02/2020 ::: Downloaded on - 12/06/2020 11:15:19 :::