Allowed

Executive Engineer, Vidarbha Irrigation Development Corporation, Nagpur v. Suraj Subhashrao Bhagat and Others

Bombay HC6 May 2024CAF/585/2024

Case brief

AI extract

What is this about?

The High Court of Nagpur condoned a 557-day delay in filing a civil appeal. The Court directed the appellant, a public acquiring body, to either plant 25 trees or deposit Rs. 10,000 to offset costs, thereby serving the larger public interest.

What did the court decide?

Delay in filing appeal condoned subject to planting 25 trees or depositing Rs. 10,000. Appeal registered for disposal.

Executive Engineer, Vidarbha Irrigation… — Civil Procedure and Limitation | Bombay HC (2024)

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2024:BHC-NAG:5394

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1 41 caf585.24.odt

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY : NAGPUR BENCH : NAGPUR.

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CIVIL APPLICATION (CAF) NO. 585 OF 2024 IN

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FIRST APPEAL ST. NO. 3777 OF 2019

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V.I.D.C., THRU. EXEC.ENGR., NAGPUR DIVN., YAVATMAL

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VERSUS

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SURAJ SUBHASHRAO BHAGAT AND OTHERS

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Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order

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Mrs. Ira P. Khisti, Advocate for the appellant Mr. S. U. Bhuyar, Advocate for respondent no.1 Mr. M. A. Kadu, A.G.P. for respondent nos.2 and 3.

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CORAM : G. A. SANAP, J. DATE : MAY 06, 2024.

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Heard learned advocate for the appellant, learned advocate for respondent no.1 and learned AGP for respondent Nos. 2 and 3/State.

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This is an application for condonation of 557 days delay caused in filing appeal against the impugned judgment and award dated 06.05.2017.

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The reasons for delay have been set out in the application. It is stated that due to administrative procedural delay, the appeal could not be filed within time. It is further stated that there was lack of communication between the officials. The opinion of the superiors was required for filing the appeal. By the time the opinion was received, the period of limitation was over.

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2 41 caf585.24.odt

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Learned AGP for respondent Nos. 2 and 3 submits that Court may pass an appropriate order.

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In view of the reasons stated in the application, I am of the view that a case is made out to condone the delay subject to certain conditions. The appellant is an acquiring body. In my view, in such cases, saddling the public undertaking only with cost, may not serve larger public interest. In such cases, other options need to be explored and made available to the party. Issuing direction to the public undertaking or other Government bodies to plant particular number of trees in each case, could be the best available option. Plantation of trees would be beneficial to one and all. In my view, therefore, by way of a condition for condonation of delay, the appellant can be given an option. Accordingly, in this case, delay is condoned. It is subject to condition that the appellant shall plant twenty-five trees or pay cost of Rs.10,000/- (Rupees Ten Thousand only) and deposit the said cost in this Court within one month. Learned advocate for the appellant shall file a pursis and exercise the option.

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As far as the mechanism for implementation of this direction is concerned, the same shall be identical to the one set out in para Nos. 7 and 9 of the order dated 25.09.2023 passed in CAF No. 130 of 2020. Para Nos. 7 and 9 are extracted below :

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“7. Concerned acquiring body, Government office

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3 41 caf585.24.odt

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or the appellant, as and when directed to plant trees, shall comply the said order and make a report of the same to the District Forest Officer of the concerned district. The District Forest Officer of the concerned district from Vidarbha Region, on receipt of the report, as above, shall depute a responsible officer to the spot for inspection. The District Forest Officer shall maintain record of the same for two years. The District Forest Officer of the concerned district, after inspection, shall forward the compliance report to the Secretary, High Court Legal Services Sub-Committee, Nagpur. The Secretary of High Court Legal Services Sub-Committee, Nagpur shall maintain case-wise record and as and when required, shall place the same before this Court. The Secretary, High Court Legal Services Sub-Committee, Nagpur can take help of the Secretary of the District Legal Aid Services Authority of the concerned district from Vidarbha Region for the purpose of verification and report.

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The appellant/authority concerned on exercising option of plantation of trees, will be responsible to maintain the planted trees for two years from the date of plantation. The appellant/authority, in all such cases, shall first utilize the land available with it. In case, the land is not available, the concerned appellant/ body/authority shall make a request to the in-charge of the Social Forestry Department of the concerned district as well as to the Collector or the Tahsildar of the concerned district/taluka for making the Government land available for plantation. The officer of Social Forestry Department/Collector/ Tahsildar shall do the needful as and when such request is received.”

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The concerned party or authority, on exercise of option, shall comply the order as early as possible and in any case within one month. The Registry shall register the

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4 41 caf585.24.odt

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appeal on filing pursis by the appellant exercising the option.

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In case the appellant exercises the option of plantation of trees, a copy of this order be forwarded to the Secretary, High Court Legal Services Sub-Committee, Nagpur and the District Forest Officer, Yvatmal for information.

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The application stands disposed of , accordingly.

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The Appeal be registered.

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First Appeal St. No. 3777 of 2019

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Heard Ms. Ira P. Khisti, learned advocate for the appellant.

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ADMIT.

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Mr. S. U. Bhuyar, learned advocate waives service of notice on behalf of respondent no.1.

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Learned Assistant Government Pleader waives service of notice on behalf of respondent nos.2 and 3.

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Call for the record and proceedings.

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Private paper book be filed within a period of twelve weeks from receipt of the record and proceedings.

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Civil Application (CAF) No. 586 of 2024

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This is an application for grant of stay.

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Subject to the appellant depositing the entire decretal amount with interest within a period of eight weeks from today in this Court, there shall be stay to the execution of

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5 41 caf585.24.odt

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impugned judgment and decree dated 06.05.2017 passed by learned Joint Civil Judge, Senior Division, Yavatmal in L.A.C. No. 451/2012, till disposal of this appeal.

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( G. A. SANAP, J. )

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Diwale

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Signed by: DIWALE Designation: PS To Honourable Judge Date: 07/05/2024 19:24:43

Executive Engineer, Vidarbha Irrigation Development Corporation, Nagpur v. Suraj Subhashrao Bhagat and Others

Case brief

What is this about?

What did the court decide?

Executive Engineer, Vidarbha Irrigation Development Corporation, Nagpur v. Suraj Subhashrao Bhagat and Others

Case brief

What is this about?

What did the court decide?

What the court decided

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