Allowed

The Executive Engineer, N.M.C. Division, Vaijapur, Aurangabad v. Kakasaheb Uttam Shinde and Ors.

Bombay HC20 Dec 2017CA/15027/2016

Case brief

AI extract

What is this about?

The court allowed civil applications for condonation of delay in filing first appeals against land acquisition judgments awarded to appellees. The delay was attributed to compliance of official processes by the acquiring body.

What did the court decide?

Condonation of delay in preferring first appeals against impugned Judgment and Award granted.

The Executive Engineer, N.M.C. Division, Vaijapur… — Land Acquisition | Bombay HC (2017)

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1 927-CA-14993-16

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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CIVIL APPLICATION NO. 14993 OF 2016 IN FAST/14125/2016

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THE EXECUTIVE ENGINEER, N.M.C. DIVISION, VAIJAPUR VERSUS PANDURANG GANPAT DIED THR HIS LRS ASHABAI BAURAO THORAT AND OTHERS

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Advocate for Applicant No.1 : Mr. V. R. Sonwalkar. Advocate for Respondents (Original claimants) : Mr. L.S.Shaikh h/f.

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Mr. A. S. Shejwal.

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AGP for Respondent- State : Mr. S. R. Yadav-Lonikar.

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… WITH CA/7885/2016 IN FAST/14104/2016 WITH CA/12983/2016 IN FAST/12867/2016 WITH CA/12985/2016 IN FAST/12882/2016 WITH CA/13094/2016 IN FAST/12870/2016 WITH CA/13096/2016 IN FAST/12873/2016 WITH CA/13098/2016 IN FAST/12879/2016 WITH CA/13104/2016 IN FAST/12876/2016 WITH CA/14539/2016 IN FAST/14110/2016 WITH CA/14590/2016 IN FAST/12778/2016 WITH CA/14705/2016 IN FAST/12775/2016 WITH CA/14962/2016 IN FAST/14115/2016 WITH CA/15027/2016 IN FAST/12760/2016 WITH CA/15033/2016 IN FAST/12766/2016 WITH CA/15040/2016 IN FAST/12801/2016 WITH CA/15042/2016 IN FAST/12798/2016

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CORAM : K.K. SONAWANE, J.

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DATED : 20^TH DECEMBER, 2017.

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Order :-

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At this juncture, learned counsel for applicant- Acquiring Body filed the affidavit of Mr. Prashant Rameshrao Wangujare, Deputy Engineer, N.M.C. Sub-Division No. 2, Vaijapur, Taluka Vaijapur, District Aurangabad, in regard to the present status of proposal of budgetary allocation for depositing the decreetal amount. The affidavit is placed on record and marked as 'X' for identification.

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Heard learned counsel for applicant- Acquiring Body and learned counsel for respondents (original claimants) as well as learned AGP for respondent- State of Maharashtra.

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2 927-CA-14993-16

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Perused the applications. The applicant-Acquiring Body moved present applications for condonation of delay caused in filing the first appeals against impugned Judgment and Award passed by the learned Reference Court in Land Acquisition References filed under section 18 of the Land Acquisition Act, 1894. According to learned counsel for the applicant, impugned Judgment and Award passed by the Reference Court is erroneous, illegal and is not as per the provisions of Land Acquisition Act, 1894. The applicant is Body corporate having its independent entity. After procuring the funds for court fees appeals came to be filed, however, there is delay in filing the appeals. According to learned counsel for applicant, delay so caused is not intentional or deliberate, but it was caused due to compliance of official process. Therefore, he prayed to condone the delay.

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The learned AGP for respondent State of Maharashtra submits for suitable order in the interest of justice. 5. The learned counsel for respondent (original claimant) submits that there is inordinate delay caused in filing appeal and same is not properly explained. He requested to reject the applications. 6. I have given anxious consideration to the submissions advanced on behalf of both sides. Admittedly, matters pertain to the land acquisition proceedings involving public funds. The applicant- Acquiring Body is the Government Agency looking after the irrigation projects. In view of nature of the subject matter and the reasons mentioned in the application, I find that reasonable opportunity is essential to be granted to applicant- Acquiring Body to ventilate it's grievance in the Appellate Forum for redressal. Therefore, delay caused for filing First Appeals is required to be condoned. Accordingly, applications for condonation of delay stand allowed in terms of prayer clause 'B'. The delay caused in preferring the First Appeals against impugned Judgment and Award is hereby condoned. The civil applications are disposed of in above terms accordingly. Registry to take requisite steps for further process.

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3 927-CA-14993-16

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After registration of appeals, issue notice to respondents (original claimant/s) and respondent S.L.A.O.

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Mr. L. S. Shaikh on instruction of Mr. A. S. Shejwal, learned counsel waives service of notice for respondent/s (original claimant/s). Mr. S. R. Yadav-Lonikar, learned AGP waives service of notice for respondent S.L.A.O.

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Meanwhile, call for record and proceedings from the concerned Reference Court.

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List the matters for final hearing at the stage of admission in due course.

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[ K. K. SONAWANE ] JUDGE

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rrd.

The Executive Engineer, N.M.C. Division, Vaijapur, Aurangabad v. Kakasaheb Uttam Shinde and Ors.

Case brief

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The Executive Engineer, N.M.C. Division, Vaijapur, Aurangabad v. Kakasaheb Uttam Shinde and Ors.

Case brief

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What did the court decide?

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