Allowed

Executive Engineer, Osmanabad Medium Project Division v. Dada Vitthal Zil and Others

Bombay HC14 Dec 2017CA/8102/2016

Case brief

AI extract

What is this about?

This order allowed collective civil applications from an acquiring body for condonation of delay in filing first appeals against land acquisition awards, adopting a liberal and pragmatic approach due to public interest involved.

What did the court decide?

Applications for condonation of delay are allowed; delay in filing appeals against impugned Judgment and Award is hereby condoned; registry to register appeals.

Executive Engineer, Osmanabad Medium Project Division Vs… — Land Acquisition | Bombay HC (2017)

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1 924-CA-8105-16

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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924 CIVIL APPLICATION NO. 8105 OF 2016

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IN FAST/14140/2016

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THE EX. ENGINEER, OSMANABAD MEDIUM PROJECT DIV. OSMANABAD

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NOW UNDER THE MKVDC, PUNE VERSUS

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DIGAMBAR BHAGWAN ZIL

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Adv. for Applicant : Mr. S.G. Sangle

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Advocate for respondent - ori. claimant : Mr. Estling S. Murge AGP for Respondent No. 2 and 3 : Mr. S.J. Salgare

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WITH CA/8102/2016 IN FAST/13185/2016 WITH CA/8108/2016 IN FAST 14143/2016 WITH CA/ 8109/2016 IN FAST/14146/2016 WITH CA/8111/2016 IN FAST/14149/2016 WITH CA/8113/2016 IN FAST/14152/2016 WITH CA/8116/2016 IN FAST/14155/2016

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CORAM : K.K. SONAWANE, J.

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DATED : 14^th DECEMBER, 2017.

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Order :-

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Heard learned counsel for the applicant - Acquiring Body as well as learned counsel for respondents - original claimants and learned AGP for respondents No. 2 and 3.

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The applicant - Acquiring Body moved the present applications for condonation of delay 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-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 filed, however, there is delay in filing the appeals. According to learned counsel for applicant, delay so caused is not intentional or deliberate, but caused due to compliance of official process.

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2 924-CA-8105-16

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The learned counsel for respondents-original claimants submits that there is inordinate delay, which has not been explained satisfactorily, therefore, the same cannot be condoned and prayed for rejection of applications. The learned AGP raised objection and prays for suitable orders.

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I have given anxious consideration to the submission of both learned counsel. Considering the nature of the subject-matter and reasons mentioned in the applications, I do not find 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 filing appeals against the impugned Judgment and Award is hereby condoned. Registry to take requisite steps for registration of appeal. Civil applications stand disposed of accordingly.

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On registration of appeal, issue notice to the respondents. Mr. Murge, learned counsel waives service of notice for respondentsoriginal claimants and learned AGP waives service of notice for respondent-State authorities.

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

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List the appeals for admission in due course.

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[ K. K. SONAWANE ] JUDGE

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MTK.

Executive Engineer, Osmanabad Medium Project Division v. Dada Vitthal Zil and Others

Case brief

What is this about?

What did the court decide?

Executive Engineer, Osmanabad Medium Project Division v. Dada Vitthal Zil and Others

Case brief

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What did the court decide?

What the court decided

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