Bombay High Court
Ranjit S/O Karan Chaudhari vs Smt. Kavita D/O Vijay Misal And ... on 3 October, 2023
Bench: G. A. Sanap
1 23 caf 2551.23.odt..odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
: NAGPUR BENCH : NAGPUR.
CIVIL APPLICATION (CAF) NO. 2551 OF 2023
IN
FIRST APPEAL (STAMP) NO.4072 OF 2022 (DECIDED)
(Ranjit s/o Karan Chanudhari vs. Smt. Kavita sd/o Vijay Misal and Ors.)
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Office Notes, Office Memoranda of Court's or Judge's Order
Coram, appearances, Court's Orders
or directions and Registrar's order
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Mr. Arvind Tiwari, Advocate for the appellant.
CORAM : G. A. SANAP, J.
DATED : OCTOBER 3, 2023
1. Heard.
2. Issue notice to respondent Nos. 1 to 4, returnable
within six weeks.
JUDGE
manisha
2 23 caf 2551.23.odt..odt
learned advocates for the parties.
2. This is an application filed by applicant/respondent
No.1 for withdrawal of compensation amount. Reasons
have been stated in the application.
3. For reasons stated in the application, the application
is allowed. Respondent No.1 is permitted to withdraw the
compensation amount with accrued interest subject to
furnishing usual undertaking. The application is disposed
of.
CIVIL APPLICATION (CAF) NO. 130 OF 2020
1. Heard learned advocate for the appellants, learned
advocate for respondent No. 1 and learned AGP for
respondent Nos. 2 and 3/State.
2. This is an application for condonation of 455 days
delay caused in filing appeal against the impugned
judgment and award dated 4.2.2017.
3. The reasons for delay have been set out in the
application. It is stated that due to administrative
procedural delay, the appeal could not be filed within time.
It is further stated that there was lack of communication
between the officials. The opinion of the superiors was
required for filing the appeal. By the time the opinion was
received, the period of limitation was over.
4. The learned advocate for respondent No. 1 submit
that subject to cost, the Court may pass an appropriate
order. The learned AGP for respondent Nos. 2 and 3
3 23 caf 2551.23.odt..odt
submit that Court may pass an appropriate order.
5. In view of the reasons stated in the application, I am
of the view that a case is made out to condone the delay
subject to certain conditions. The appellant is a acquiring
body. In my view, in such cases, saddling the public
undertaking only with cost, may not serve larger public
interest. In such cases, other options need to be explored
and made available to the party. Issuing direction to the
public undertaking or other government bodies to plant
particular number of trees in each case, could be the best
available option. Plantation of trees would be beneficial to
one and all. In my view, therefore, by way of a condition
for condonation of delay, the appellant can be given an
option. Accordingly, in this case, delay is condoned. It is
subject to condition that the appellant shall plant twenty-
five Neem trees or pay cost of Rs.10,000/- (Rupees Ten
Thousand only) and deposit the said cost in this Court.
Learned advocate for the appellant shall file a pursis and
exercise the option.
6. It is noticed that in number of appeals filed by
acquiring bodies and Government undertakings, there are
delay condonation applications. This Court is proposing to
pass a similar order in all such matters. In my view,
therefore, a mechanism is required to be put in place to
monitor the execution.
7. Concerned acquiring body, Government office or the
appellant, as and when directed to plant trees, shall comply
4 23 caf 2551.23.odt..odt
the said order and make a report of the same to the District
Forest Officer of the concerned district. The District Forest
Officer of the concerned district from Vidarbha Region, on
receipt of the report as above, shall depute a responsible
officer to the spot for inspection. The District Forest
Officer shall maintain record of the same for two years. The
District Forest Officer of the concerned district, after
inspection, shall forward the compliance report to the
Secretary, High Court Legal Services Sub-Committee,
Nagpur. The Secretary of High Court Legal Services Sub-
Committee, Nagpur shall maintain case-wise record and as
and when required, shall place the same before this Court.
The Secretary, High Court Legal Services Sub-Committee,
Nagpur can take help of the Secretary of the District Legal
Aid Services Authority of the concerned district from
Vidarbha Region for the purpose of verification and report.
8. The concerned party or authority, on exercise of
option, shall comply the order as early as possible and in
any case within one month. The Registry shall register the
appeal on filing pursis by the appellant, in case the appellant
exercises the option of plantation of trees.
9. The appellant/authority concerned on exercising
option of plantation of trees, will be responsible to maintain
the planted trees for two years from the date of plantation.
The appellant/authority, in all such cases, shall first utilize
the land available with it. In case, the land is not available,
5 23 caf 2551.23.odt..odt
the concerned appellant/ body/authority shall make request
to the in-charge of the Social Forestry Department of the
concerned district as well as to the Collector or the
Tahsildar of the concerned district/taluka for making the
government land available for plantation. The officer of
Social Forestry Department/Collector/Tahsildar shall do the
needful as and when such request is received.
10. A copy of this order be forwarded to the Secretary,
High Court Legal Services Sub-Committee, Nagpur, the
District Forest Officer, Yavatmal and District Forest Officers
of other districts from Vidarbvha region for information.
11. The application is disposed of, accordingly.
12. Appeal be registered.
FIRST APPEAL STAMP NO. 24008 OF 2018
1. Heard. Admit.
2. Issue notice to the respondents, returnable within
twelve weeks.
3. Learned advocate Mr. S.V. Ingole waives service for
respondent No.1. Learned AGP waives service for
respondent Nos. 2 and 3/State.
4. Call record and proceeding.
5. Paper book be filed within twelve weeks from the
date of receipt of record.
JUDGE
Belkhede
Signed by: Mrs. Manisha Shewale
Designation: PA To Honourable Judge
Date: 04/10/2023 11:12:25
