Bombay High Court
Vidarbha Irrigation Development ... vs Atmaram Vasanta Warghane And ... on 6 October, 2023
Bench: G. A. Sanap
2023:BHC-NAG:14633
1 31.CAF.878.2023
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CIVIL APPLICATION (CAF) NO. 878 OF 2023
IN
FIRST APPEAL (ST) NO. 27185 OF 2017
Vidarbha Irrigation Development Corporation, Wardha
VS.
Atmaram Vasanta Warghane and others.
_______________________________________________________________
Office Notes, Office Memoranda of Coram,
appearances, Court's orders of directions Court's or Judge's orders.
and Registrar's Orders.
Mr S. K. Bhoyar, Advocate the appellant
Ms Trupti Udeshi, AGP for respondent Nos. 2 and 3/State
CORAM : G.A. SANAP, J.
DATE : OCTOBER 6, 2023.
Heard learned advocate for the appellant and
learned AGP for respondent Nos. 2 and 3/State. Respondent
No.1 though served, remained absent.
2. This is an application for condonation of 428 days
delay caused in filing appeal against the impugned judgment
and award dated 05.07.2016.
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
2 31.CAF.878.2023
the appeal. By the time the opinion was received, the period
of limitation was over.
submits 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 an 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.
6. As far as the mechanism for implementation of
this direction is concerned, the same shall be identical to the
3 31.CAF.878.2023
one set out in para Nos. 7 and 9 of the order dated
25.09.2023 passed in CAF No. 130 of 2020. Para Nos. 7 and
9 are extracted below :
"7. 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 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 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."
4 31.CAF.878.2023
7. 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 exercising option.
8. In case the appellant exercises the option of
plantation of trees, copy of this order be forwarded to the
Secretary, High Court Legal Services Sub-Committee,
Nagpur, the District Forest Officer, Wardha for information.
9. The application stand disposed of, accordingly.
10. Appeal be registered.
FIRST APPEAL (st.) NO. 27185 OF 2017
11. Heard.
12. ADMIT.
13. Learned AGP waives service of notice on behalf
of respondent Nos. 2 and 3.
14. Call for record and proceedings.
5 31.CAF.878.2023
15. Paper book be filed within twelve weeks from
the date of receipt of record and proceedings.
16. It is stated that the compensation amount is
deposited. Therefore, stay granted pursuant to the order
dated 28.03.2023 to continue till disposal of the appeal.
(G. A. SANAP, J.)
Namrata
Signed by: Miss Namrata Suryawanshi
Designation: PA To Honourable Judge
Date: 07/10/2023 11:42:21
