Bombay High Court
Executive Engineer, Kumbharkini ... vs Gunwant Pandurang Borchate And ... on 3 October, 2023
Bench: G. A. Sanap
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
: NAGPUR BENCH : NAGPUR.
CIVIL APPLICATION (CAF) NO. 2283 OF 2021
IN
FIRST APPEAL ST. NO.9190 OF 2020
(Executive Engineer, Kumbharkini Dam Divsion Pusad Dist. Yavatmal..Versus...Gunwant Pandurang
Borchate and others.)
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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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Ms I.P. Khisti, Advocate for the appellant.
Ms T.H. Udeshi, AGP for respondent Nos 2 and 3/State.
CORAM : G. A. SANAP, J.
DATED : OCTOBER 3, 2023
1. Respondent No.1 though served has remained absent.
2. Heard learned advocate for the appellant and learned
AGP for respondent Nos. 2 and 3/State.
4. This is an application for condonation of 532 days
delay caused in filing appeal against the impugned judgment
and award dated 10.01.2019.
5. 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.
6. The learned AGP for respondent Nos. 2 and 3 submit
that Court may pass an appropriate order.
7. In view of the reasons stated in the application, I am of
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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 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.
8. Concerned acquiring body, Government office or the
appellant, as and when directed to plant trees, shall comply
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
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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.
9. 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.
10. 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, 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.
11. A copy of this order be forwarded to the Secretary,
High Court Legal Services Sub-Committee, Nagpur and the
District Forest Officer, Yavatmal.
12. The application is disposed of, accordingly.
13. Appeal be registered.
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CIVIL APPLICATION NO. 2284 OF 2021
Heard learned Advocate for the appellant.
2. Perused the application. The reasons have been stated
in the application.
3. In view of the reasons stated in the application, subject
to deposit the entire amount of compensation within eight
weeks, there shall be stay to the execution of impugned
judgment and award dated 10.01.2019 passed by Civil Judge,
Senior Division, Darwha in LAC No.51/2008.
4. The application stands disposed of.
FIRST APPEAL STAMP NO. 9190 OF 2020
1. Heard. Admit.
2. Issue notice to the respondent No.1, returnable within
eight weeks.
3. Learned AGP waives service of notice on behalf of
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.
6. If paper book is not filed within twelve weeks then the
appeal shall stand dismissed without further reference to the
Bench.
JUDGE
manisha
Signed by: Mrs. Manisha Shewale
Designation: PA To Honourable Judge
Date: 05/10/2023 11:57:09
