The Ex. Engineer, Medium Project ... vs Gangaram Raghunath Komple (Died) ...
2021 Latest Caselaw 5927 Bom

                                    1             3361-2021-922+Group

                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                           BENCH AT AURANGABAD

          922 CIVIL APPLICATION NO. 3361 OF 2021 IN FAST/6994/2021

            THE EX. ENGINEER, MEDIUM PROJECT LATUR AND OTHERS
                                  VERSUS
                        KONDIBA RAGHUNATH KOMPLE

                                     WITH
             CIVIL APPLICATION NO. 3359 OF 2021 IN FAST/6899/2021
                                     WITH
             CIVIL APPLICATION NO. 3363 OF 2021 IN FAST/6982/2021
                                     WITH
             CIVIL APPLICATION NO. 3365 OF 2021 IN FAST/6989/2021

                                            ...
                    Advocate for Applicants : Mr. Kshirsagar Hemraj P.
                             AGP for State : Mr. R.B. Bagul
                      Advocate for Respondents : Mr. V.G. Kodale
                                           ...

                                        CORAM : ANIL S. KILOR, J.
                                        DATE : 01-04-2021
ORDER :

1. These are Applications for condonation of delay. The

applicant - Acquiring Body has filed present Applications on the ground

that due to procedural aspects which needs to be followed in such

matters, the delay has been caused. The delay is of 1991 days.

2. Looking at the number of days of delay, there is no doubt

that the delay is inordinate and not reasonable.

2 3361-2021-922+Group

3. On the other hand, learned counsel for the claimants

opposes the Applications in view of the fact that the delay is inordinate.

4. After going through the contents of the Applications, though

some reasons are offered for condonation of delay, yet, the fact remains

that the inordinate delay is there and it also appears that diligently steps

were not taken by the concerned Officer in the matter and, therefore, the

delay is caused.

5. In view of the Judgment passed by the Hon'ble Supreme

Court of India in the case of The State of Madhya Pradesh V. Bherulal1 , I

am of the opinion that in this matters, while allowing the Applications

for condonation of delay and condoning the delay, costs of Rs.10,000/-

should be imposed in each matter which shall be recovered from the

Officer who is responsible for the delay.

6. Accordingly, the Applications are allowed. Delay of 1991

days in each Application is condoned subject to the deposit of costs of

Rs.10,000/- (Rs. Ten Thousand) in each of the Applications with the

High Court Legal Services Sub-Committee at Aurangabad.

7. Civil Applications are disposed of.

                                                     [ ANIL S. KILOR ]
                                                         JUDGE
1     (2020) 10 SCC 654