The State Of Maharashtra And Ors vs Sangappa Mahadappa Zambre (Died) ...
2021 Latest Caselaw 6287 Bom

                                           1                        14688-2018-1052


                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                            BENCH AT AURANGABAD

       1052 CIVIL APPLICATION NO.14688 OF 2018 IN FAST/34902/2018

                   THE STATE OF MAHARASHTRA AND OTHERS
                                  VERSUS
                SANGAPPA MAHADAPPA ZAMBRE (DIED) THROUGH
                          LRS. GURAPPA AND OTHERS

                                   WITH
           CIVIL APPLICATION NO.14691 OF 2018 IN FAST/35221/2018
           CIVIL APPLICATION NO.14693 OF 2018 IN FAST/35226/2018

                                           ...
                      AGP for applicant- State : Mr. Y.G. Gujrathi
                      Advocate for respondent no. 1 : Mr. V.V. Ingle
                                           ...

                                       CORAM : ANIL S. KILOR, J.
                                       DATE : 08-04-2021

ORDER :

1. These Applications are moved by the State of Maharashtra,

The Special Land Acquisition Officer and The District Rehabilitation Officer,

Osmanabad for condonation of delay.

2. The delay is of 2248 days which is an inordinate delay. After

going through the Applications, it is revealed that the applicants have stated

on affidavit that the impugned Judgment and Award was passed on

25-06-2012 and application for certified copy was made on 02-12-2017 i.e.

after 5-1/2 years. There is no explanation offered in the Applications for

such a huge delay of 5-1/2 years to make application for certified copy.

The approach of the applicants appears to be very casual and the result of

2 14688-2018-1052

such approach is payment of interest @ 15% per annum to the claimants for

this period from the public exchequer.

3. At this stage, learned AGP seeks two weeks time to explain the

delay. As a last chance, time of two weeks is granted to file affidavit

explaining the delay of 5-1/2 years to make the application for certified

copy of the impugned Judgment and Award.

4. In case of failure to give any proper explanation, this Court

may consider imposition of heavy costs, to be recovered from the erring

officer in view of the Judgment of the Hon'ble Supreme Court of India in

the case of State of Madhya Pradesh Vs. Bherulal1.

5. Stand over to 22-04-2021, as a last chance.

                                                    [ ANIL S. KILOR ]
                                                        JUDGE
arp/




1     (2020) 10 SCC 654