The G.M.Id.C., Thr The Ex. ... vs Maroti Bhagwant Biradar (Dead) ...
2021 Latest Caselaw 6274 Bom

                                        1                          968-CA-6640-18.odt



              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          BENCH AT AURANGABAD

  968 CIVIL APPLICATION NO. 6640 OF 2018 IN FAST/10531/2018

    THE G.M.ID.C., THR THE EX. ENGINEER, MEDIUM PROJECT
        DEVARJAN, NOW L.T.C.D. 2 LATUR AND ANOTHER
                            VERSUS
   MAROTI BHAGWANT BIRADAR (DEAD) THR LRS BALASAHEB
                       MAROTI BIRADAR
                                ...
         Advocate for Applicant No. 1 : Anil M. Gaikwad
             AGP for Applicant No. 2: Mr. S.S. Dande
        Advocate for Respondent No. 2 : Mr. V.D. Gunale
                                ...
                                    CORAM : ANIL S. KILOR, J.
                                    DATE : 8th APRIL, 2021
PER COURT :-


1.      This application is filed by applicant - Acquiring Body for
condonation of delay in filing the first appeal challenging legality
and validity of the Judgment and Award dated 20-02-2013 passed
by the learned Joint Civil Judge, Senior Division, Udgir, in LAR No.
356 of 2012.           The delay is of 1714 days in filing the appeal. The
delay is inordinate.

2.       Heard learned counsel for the respective parties.

3.      Learned counsel for the applicant Acquiring Body submits that
in the application, the applicant has stated the reasons which show
that time has been spent in following and completing the procedure
and because of the same, the delay is caused in filing the appeal.

4.      Learned counsel appearing for the claimant opposed the said
application.

5.         In a recent Judgment of the Honourable Supreme Court of
India, in the case of State of Madhya Pradesh Versus Bherulal1 has
held that :


1(2020) 10 SCC, 654


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                                            2                          968-CA-6640-18.odt



          "It is the right time to inform all the government
          bodies, their agencies and instrumentalities that
          unless they have reasonable and acceptable
          explanation for the delay and there was bonafide
          effort, there is no need to accept the usual
          explanation that the file was kept pending for
          several months/years due to considerable degree of
          procedural red- tape in the process. The
          government departments are under a special
          obligation to ensure that they perform their duties
          with diligence and commitment. Condonation of
          delay is an exception and should not be used as an
          anticipated benefit for government departments.
          The law shelters everyone under the same light and
          should not be swirled for the benefit of a few."

6.        After going through the application, it is clear that the delay
is inordinate. However, in view of the Judgment of the Honourable
Supreme Court in the case of State of Madhya Pradesh (Supra), I
am of the considered opinion that the delay on the ground of
procedural aspects cannot be considered, but on imposing cost of
Rs.5000/- to be recovered from erring Officer.                       Accordingly, I
proceed to pass following order.
                                :: ORDER ::

(i) The Civil Application is allowed.

(ii) The delay caused in filing the first appeal is hereby condoned subject to deposit of Rs.5000/- as cost, to be paid to the claimant, within a period of four weeks from today.

(iii) The Registry is directed to register the First Appeal on furnishing receipt of payment of cost to the claimant and place the first appeal for admission and further consideration.

(iv) The Civil Application stands disposed of.

( ANIL S. KILOR ) JUDGE mtk