Smt. Chandrakant Oberoi Through ... vs The State Of Maharashtra Through ...
2021 Latest Caselaw 15178 Bom

                                                                    10 CAF.2256.2019.doc

                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        CIVIL APPELLATE JURISDICTION

                       CIVIL APPLICATION NO. 2256 OF 2019
                                       IN
                     FIRST APPEAL (STAMP) NO. 20231 OF 2018

Smt. Chandrakant Oberoi, Through her                         Applicant
Power of Attorney Holder - Tripat Oberoi
          Versus

The Special Land Acquisition Ofcer & Ors.                    Respondents
                                     .......
Mr. Gaurav Potnis i/b Pallavi Potnis for the Applicant.
Ms Tanaya Goswami, AGP for Respondent Nos. 1 to 3.
                                            .......
                                       CORAM : SURENDRA P. TAVADE, J.
                                       DATE       : 21st OCTOBER, 2021

P.C.:

.             This is an application for condonation of delay in fling the appeal to
challenge the judgment and order dated 21st July, 2006 passed in Land
Reference No. 139 of 2004. It is contended that though the Land Reference
was decided, the Applicant did not receive any amount of compensation,
therefore, she was not in a position to pay the Court fees. Hence, there is
delay in fling the appeal against the impugned judgment and award.

2.            It is also contended that the state has preferred an appeal against the
order passed in Land Reference No. 139 of 2004. It appears that the state
has challenged the judgment and decree passed in Land Reference No.
139 of 2004 in the year 2007.

3.            It is contended on behalf of the Respondents that there is huge delay

R. V. Patil                                                                                 1/2




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                                                                          10 CAF.2256.2019.doc

of 11 years and some months. There is no sufcient cause for condonation
of delay, therefore, the application requires to be dismissed.

4.            Heard    learned      Counsel    appearing      for    the     Applicant        and
Respondents. It appears that the acquiring body has preferred First Appeal
No. 2770 of 2007, which is admitted against the impugned judgment and
award.

5.            Though there is considerable delay in the preferring appeal against
the judgment and award passed in Land Reference No. 139 of 2004, the
same is to be condoned as the State has preferred the appeal. Therefore,
in the interest of justice, the delay is required to be condoned. Hence the
following order:
                                              ORDER

i) The delay in fling the appeal against the impugned judgment and award passed in Land Reference No. 139 of 2004 is hereby condoned.

ii) Registry is directed to register the present appeal and list the same for hearing along with First Appeal No. 2770 of 2007 after four weeks.

iii)          Stand over to 2nd December, 2021.


                                                      [SURENDRA P. TAVADE, J.]




R. V. Patil                                                                                      2/2