The State Of Maharashtra Thr. The ... vs Shri. Manohar Yashwant Warde And ...
2021 Latest Caselaw 17858 Bom

R.V.Patil                                                            14.CAF.1402.2017.odt


              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                      CIVIL APPELLATE JURISDICTION

                       CIVIL APPLICATION NO. 1402 OF 2017
                                       IN
                     FIRST APPEAL (STAMP) NO. 32081 OF 2016


The State of Maharashtra
(Through the Special Land Acquisition
Ofcer, Nashik)& A Anr                                               Applicants

            Versus

Manohar Yashwant Warde A Ors                                        Respondents
                                             ......
Ms Tanaya Goswami, AGP for the Applicant-State
Ms Dharini Jain i/b Mr Anil Ahuja for the Respondents
                                    .....

                                          CORAM : MADHAV J. JAMDAR, J.

                                          DATE    : 22nd DECEMBER, 2021

P.C. :

Heard Ms Tanaya Goswami AGP for the Applicant-State and Ms

Dharini Jain for the Respondents

2 There is delay of 1 year and 135 days in fling the frst appeal The

judgment and award is dated 18th December, 2014 Ms Tanaya Goswami,

learned AGP submits that in the civil application sufcient reasons are given

for the delay condonation On the other hand Ms Dharini Jain, learned

Counsel submits that the delay is of 1 year and 135 days and the same is not

sufciently explained

R.V.Patil 14.CAF.1402.2017.odt

3 Perusal of the civil application shows that the impugned judgment and

award is passed on 18 th December, 2014 and immediately certifed copies

were applied on 20th December, 2014 The same were ready on 6 th April,

2015 Thereafter, the District Government Pleader, Nashik)&, forwarded his

opinion / appeal proposal to the Law A Judiciary Department, Mantralaya,

Mumbai on 21st April, 2015 The same was received by the Law A Judiciary

Department on 2nd July, 2015 On 24 th July, 2015, Solicitor to Government

(M L , Law A Judiciary Department, Mantralaya issued resolution for fling

the present First Appeal Thereafter, ofce of the Government Pleader, High

Court, Appellate Side, Mumbai, on 1st August, 2015 sought certifed copies

of all other relevant documents for fling the abovementioned First Appeal

from the Applicant No 2 Thereafter, the papers were received and the

matter was assigned to the concerned AGP on 27 th August, 2015 The

concerned AGP drafted the First Appeal and Civil Application for stay

Thereafter correspondence was made for the purpose of tak)&ing further steps

for fling the First Appeal including the payment of Court fees On 25 th

August 2016, ofce of Applicant No 2 forwarded a common demand draft

dated 24th August, 2016 for a consolidated amount of Rs 2,60,000/- (Two

Lak)&hs Sixty Thousand, only towards Court fee for fling various First

Appeals Thereafter, the First Appeal was fled on 16th November, 2016

4 It is submitted by Ms Tanaya Goswami, learned AGP that delay has

been caused as the Law and Judiciary Department, Mantralaya, Mumbai

was to tak)&e decision to fle the First Appeal against the common judgment in

R.V.Patil 14.CAF.1402.2017.odt

7 land references and to scrutinize each and every matter some time was

required Thereafter delay was caused for the purpose of receiving Court

fee and other expenses

5 On the other hand Ms Dharini Jain, learned Counsel submits that

various correspondence mentioned in the application are not annexed with

the civil application She submitted that in any case the delay is one year

and 135 days However, it is to be noted that, in spite of service of civil

application and although the civil application has come up before this Court

on 4th December, 2021, when time was sought on behalf of the

Respondents, no reply till date has been fled and therefore, the contentions

raised in the civil application have remained uncontroverted Perusal of civil

application shows that sufcient reasons are set out in the civil application

and very detailed civil application is fled It is to be seen that the decision

was tak)&en to fle the First Appeal regarding 7 land references, which were

disposed of by the common judgment and each and every matter was

scrutinized and thereafter the decision was tak)&en Thereafter, some time

was required for receiving Court fee and other expenses Thus, although

there is substantial delay, the same has been explained by giving sufcient

reasons, hence, civil application is allowed in terms of prayer Clause (b

6 Civil application stands disposed of accordingly

(MADHAV J. JAMDAR, J.)