C.A. applications for condonation of delay in filing first appeals were allowed with conditions and payment of costs, despite the court expressing dissatisfaction with the explanation for the delay.
Civil applications allowed subject to payment of Rs. 1,500/- costs to the Library, Advocates Bar Association within 12 weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
FARAD CONTINUATION SHEET NO.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD
C. A. NO. 948 OF 2009 IN F. A. (ST) NO. 1004 OF 2009 C. A. NO. 949 OF 2009 IN F. A. (ST) NO. 1015 OF 2009 C. A. NO. 950 OF 2009 IN F. A. (ST) NO. 1018 OF 2009 C. A. NO. 951 OF 2009 IN F. A. (ST) NO. 1020 OF 2009 C. A. NO. 952 OF 2009 IN F. A. (ST) NO. 1022 OF 2009
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These applications are for condonation of delay of 1204 days caused in filing the first appeals. Heard Shri Jadhav, learned A.G.P. in support of the applications. Though the respondents claimants are served, nobody appears for them. There is no affidavit in opposition.
In the applications, it is averred that the impugned judgment and award is passed on 22.3.2005. Application for certified copy was made on 23.3.2005. Certified copies were ready and collected on 1.7.2005. The Law and Judiciary Department sanctioned the proposal and forwarded it to the office of the Government Pleader on 12.08.2005. The typed copies of the judgment and award were prepared and submitted to the office of the Government Pleader on 20.11.2007 and eventually the appeals were filed on 14.1.2009.
On merits, it is submitted that the Land Acquisition Officer awarded compensation @ Rs.240 per R and the Reference Court enhanced it to Rs.660/- per R. Though, I am not satisfied with the explanation offered in support of the applications for condonation of delay, considering the controversy raised in the appeals, in my opinion, this is a fit case for condonation of delay, subject to payment of costs.
Hence, civil applications are allowed in terms of prayer "B" on the condition of the applicant paying Rs.1,500/-, within 12 weeks from today, to the Library, Advocates Bar Association, High Court, Bench at Aurangabad.
If the amount of costs is not paid within stipulated period, the civil applications shall stand dismissed without further reference to the Court.
(R.G. KETKAR, J.)
Date:27.11.2009. rlj/
1 issue framed by the court
Whether condonation of delay of 1204 days in filing first appeals should be granted.
1 provisions across 1 enactments
Respondents Claimants
R. G. KETKAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
