Bombay High Court
V.I.D.C., Nagpur Thr. Exe. ... vs Amarsingh Gotusingh Thakur ... on 11 October, 2023
Bench: G. A. Sanap
1 7.cao.279.2021
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CIVIL APPLICATION (CAO) NO. 279 OF 2021
IN
MISC. CIVIL APPLICATION (ST.) NO. 9664 OF 2020
IN
FIRST APPEAL (st.) NO. 18682 OF 2018
Vidarbha Irrigation Development Corporation, Achalpur and another
VS.
Amarsingh Gotusingh Thakur (dead) through LR's 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 Vinay Dahat Advocate for the appellants
Mr M. A. Kadu, AGP for the State/respondent Nos 2 and 3
CORAM : G.A. SANAP, J.
DATE : OCTOBER 11, 2023.
Heard.
2. Issue notice to respondents.
3. Learned AGP waives service of notice on behalf of
respondent Nos. 2 and 3.
4. This is an application for condonation of 541 days
delay caused in filing civil application for setting aside
dismissal order dated 2.04.2019.
5. The reasons for delay have been set out in the
application. It is stated that due to administrative procedural
delay, the restoration application could not be filed within
time. It is further stated that there was lack of
2 7.cao.279.2021
communication between the officials. The opinion of the
superiors was required for filing the restoration application.
By the time the opinion was received, the period of
limitation was over.
6. Learned AGP for respondent Nos. 2 and 3/State
submit that Court may pass an appropriate order.
7. 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 No.1 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 appellants can be given an
option. Accordingly, in this case, delay is condoned. It is
subject to condition that the appellants 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 appellants shall file a pursis and exercise the
option.
3 7.cao.279.2021
8. 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
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
4 7.cao.279.2021
of Social Forestry Department/Collector/Tahsildar shall
do the needful as and when such request is received."
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 Misc
Civil Application on filing pursis by the appellants exercising
option.
10. In case the appellants exercise 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.
11. Delay of 541 days stands condoned.
12. The Misc. Civil Application be registered.
13. The application stand disposed of, accordingly.
MISC. CIVIL APPLICATION (St.) NO.9664 of 2020
14. Heard.
15. This is an application for restoration of First
Appeal (St.) No. 18682 of 2018.
16. In view of the reasons stated in the application, the
application is allowed. The dismissal order dated
02.04.2019 is set aside.
5 7.cao.279.2021
17. The First Appeal (st.) No. 18682 of 2018 be
restored to its original file.
18. Learned Advocate for the appellants undertakes to
remove all office objections.
19. The Misc Civil Application stands disposed of,
accordingly.
CIVIL APPLICATION (ST.) NO. 18683 OF 2018
20. Heard.
21. Issue notice to the respondents, returnable within
four weeks.
22. Learned AGP waives service of notice on behalf of
respondent Nos. 2 and 3/State.
CIVIL APPLICATION (CAF) (ST.) NO.18685 OF 2018
23. Heard.
24. Perused the application. The reasons have been
stated in the application.
25. In view of the reasons stated in the application,
subject to deposit of the entire amount of compensation
within ten weeks, there shall be stay to the execution of the
impugned judgment and decree dated 14.03.2016 passed by
the Civil Judge Senior Division, Achalpur in Land
6 7.cao.279.2021
Acquisition Case No. 78 of 2008 till final disposal of this
appeal.
26. The application stands disposed of, accordingly.
(G. A. SANAP, J.)
Namrata
Signed by: Miss Namrata Suryawanshi
Designation: PA To Honourable Judge
Date: 13/10/2023 15:53:03
