Allowed

The Executive Engineer Minor Irrigation Divn Jalgaon v. Janyabai Sursingh Jadhav and Ors.

Bombay HC20 Jul 2010CA/6039/2010

Case brief

AI extract

What is this about?

The High Court at Aurangabad allowed condonation of significant delay in filing first appeals against land acquisition judgments, finding the stated reasons for delay acceptable despite lack of corporate sanction.

What did the court decide?

Civil applications for condonation of delay allowed; first appeals registered; cost of Rs. 2,000 awarded to respondents.

The Executive Engineer Minor Irrigation Divn Jalgaon… — Writ and Judicial Review | Bombay HC (2010)

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FARAD CONTINUATION SHEET NO.__________

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGBAD.

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CIVIL APPLICATION NO. 6039 OF 2010

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WITH

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CIVIL APPLICATION NOS. 6041/2010, 6043/2010, 6045/2010, 6047/2010, 6049/2010, 6051/2010, 6053/2010 AND 6125/2010

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Office Notes, Office Memoranda of | Coram, appearances, Court’s orders | Court’s or Judge’s orders or directions and Registrar/s orders | and Registrar’s orders |

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CORAM : P. R. BORKAR, J. DATE : 20th JULY, 2010.

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1 These are the applications for condonation of delay of 290 days in Civil Application no. 6125/2010 and 389 days in other applications in filing first appeal against the judgment and award passed in land acquisition references.

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2 Heard Adv. Shri Chillarge for the applicants and Adv Shri G.A. Nagori for respondent no. 1. AGP Miss Shelke is present for the State.

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3 It is stated in the applications that after decision in the matters, certified copies were applied. After receipt of the certified copy the Assistant Government Pleader sent the same to the applicant. Thereafter decision was taken to file appeal and matter was sent to advocate at Aurangabad. It is stated that some time required in arranging funds for court fees and expenses for filing appeal. Only thereafter, appeal came to be filed. Learned Advocate Shri Chillarge argued that applicant is the Government run corporation and the applicant – officer is not entitled to take decision. He has to refer the matter to the corporation to take decision after consulting the advocate. Considering the reasons given and the facts and circumstances of the case, delay deserves to be condoned. At the same time, learned advocate for respondent has relied

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upon the case of State of Maharashtra vs. Vithu Kalya Govari 2008(5) Bom.C.R. 323 particularly paragraph no. 12.

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4 In the facts and circumstances of the case, applications are allowed. Delay condoned. First appeals be registered. Cost of Rs. 2,000/ be paid by the applicant to the respondents for all 9 matters. Applications are accordingly disposed of.

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( P. R. BORKAR, J.)

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dyb / office / ca6039.10.odt

The Executive Engineer Minor Irrigation Divn Jalgaon v. Janyabai Sursingh Jadhav and Ors.

Case brief

What is this about?

What did the court decide?

The Executive Engineer Minor Irrigation Divn Jalgaon v. Janyabai Sursingh Jadhav and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

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Coram

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