Bombay High Court
V.I.D.C. Thr. Exe. Engineer, ... vs Rajesh Gularao Kurhekar And ... on 11 October, 2023
Bench: G. A. Sanap
1 29.caf.2148.2021
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CIVIL APPLICATION (CAF) NO. 2148 OF 2021
IN
FIRST APPEAL (ST.) NO. 6714 OF 2021
Vidarbha Irrigation Development Corporation, Tq. Achalpur, Distt. Amravati and
another
VS.
Rajesh Gulabrao Kurhekar and other
_______________________________________________________________
Office Notes, Office Memoranda of Coram,
appearances, Court's orders of directions Court's or Judge's orders.
and Registrar's Orders.
Ms P. P. Choubey, Adv. h/f. Mr Anjali Joshi, Advocate for the appellants
Mr M. L. Jadhao, Adv. h/f. Mr R. J. Shinde, Advocate for respondent Nos. 1 to 3
Ms Deepa Charlewar, AGP for the State/respondent Nos. 4 and 5
CORAM : G.A. SANAP, J.
DATE : OCTOBER 11, 2023.
Heard.
2. This is an application by the appellants seeking
leave to file appeal against the impugned judgment and
award dated 13.06.2019 in LAC No. 76 of 2010. In view
of the facts stated in the application, leave as prayed for is
granted.
3. The civil application stands disposed of,
accordingly.
2 29.caf.2148.2021
4. Heard.
5. Learned holding Advocate Mr M. L. Jadhao waives
service of notice on behalf of respondent Nos. 1 to 3.
6. Learned AGP waives service of notice on behalf of
respondent Nos. 4 and 5/State.
7. This is an application for condonation of 638 days
delay caused in filing appeal against the impugned judgment
and award dated 13.06.2019.
8. 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.
9. Learned holding Advocate for respondent Nos.1 to
3 and learned AGP for respondent Nos. 4 and 5/State
submit that Court may pass an appropriate order.
10. 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
3 29.caf.2148.2021
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.
11. As far as the mechanism for implementation of this
direction is concerned, the same shall be identical to the 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
4 29.caf.2148.2021
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."
12. 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.
13. 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, Amravati for
information.
5 29.caf.2148.2021
14. The application stand disposed of, accordingly.
15. Appeal be registered.
FIRST APPEAL (st.) NO. 6714 OF 2021
16. Heard.
17. ADMIT.
18. Learned holding Advocate Mr M. L. Jadhao waives
service of notice on behalf of respondent Nos. 1 to 3.
19. Learned AGP waives service of notice on behalf of
respondent Nos. 4 and 5/State.
20. Call for record and proceedings.
21. Paper book be filed within twelve weeks from the
date of receipt of record and proceedings.
CIVIL APPLICATION (ST.) NO.6720 OF 2021
22. Heard.
23. Perused the application. The reasons have been
stated in the application.
24. In view of the reasons stated in the application,
subject to deposit of the entire amount of compensation with
interest within twelve weeks, there shall be stay to the
execution of the impugned judgment and decree dated
6 29.caf.2148.2021
13.06.2019 passed by the Civil Judge Senior Division,
Achalpur in Land Acquisition Case No. 76/2010 till final
disposal of this appeal.
25. The application stands disposed of, accordingly.
(G. A. SANAP, J.)
Namrata
Signed by: Miss Namrata Suryawanshi
Designation: PA To Honourable Judge
Date: 12/10/2023 17:24:40
