Bombay High Court
V.I.D.C., Through Executive Engineer, ... vs Bapurao S/O Yashwantrao Rehpade And ... on 8 May, 2024
Author: G. A. Sanap
Bench: G. A. Sanap
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
CIVIL APPLICATION (CAF) NO. 1439 OF 2023
IN
FIRST APPEAL ST. NO. 21983 OF 2022
VIDC, through Executive Engineer, Amravati
Vs.
Bapurao S/o. Yashwantrao Rephade (dead) & Ors.
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Office Notes, Office Memoranda of Coram, Court's or Judge's orders
appearances, Court's orders of directions
and Registrar's orders
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Mr. V. B. Rathi, Adv. h/f. Mr P. B. patil, Advocate for the Applicant/Appellant.
Mr P. S. Tembhare, Advocate for respondent No.1(a) to 1(e)
Ms M. R. Kavimandan, AGP for respondent Nos.2 & 3/State
CORAM : G. A. SANAP, J.
DATED : MAY 08, 2024.
1. Heard learned advocate for the parties.
2. This is an application for condonation of 134 days
delay caused in filing the appeal against the impugned judgment
and award.
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. Learned AGP for respondent Nos.2 and 3 and
learned Advocate for respondent No. 1(a) to 1(e) submit that
Court may pass an appropriate order.
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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 costs of Rs.10,000/- (Rupees Ten Thousand only)
and deposit the said cost in this Court within one month.
Learned advocate for the appellant shall file a pursis and exercise
the option within 10 days from the date of uploading of the
order.
6. 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
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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 a 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."
7. The concerned party or authority, on exercise of the
option to plant the trees, shall ensure the plantation of trees in
the month of July, 2024. In case of the exercise of the option of
payment of costs, it shall be paid within one month. The
Registry shall register the appeal on filing pursis by the appellant
exercising the option.
8. In case the appellant exercises the option of
plantation of trees, a copy of this order be forwarded to the
Secretary, High Court Legal Services Sub-Committee, Nagpur
and the District Forest Officer, Amravati for information.
9. The Appeal be registered.
10. The application stands disposed of, accordingly.
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FIRST APPEAL ST. NO. 21983 OF 2022
11. Heard.
12. ADMIT.
13. Learned Advocate Mr P. S. Tembhare waives service
of notice on behalf of respondent Nos.1(a) to 1(e).
14. Learned AGP waives service of notice on behalf of
respondent Nos.2 and 3.
15. Call for record and proceedings.
16. Private paper book be filed within twelve weeks from
the date of receipt of record and proceedings.
CIVIL APPLICATION NO. 488 OF 2024
17. Heard.
18. This is an application made by the appellant seeking
permission to deposit the deficit amount in this Court.
19. In view of the reasons stated in the application, the
appellant is permitted to deposit the deficit amount within one
week.
20. Subject to deposit of the amount within one week
there shall be stay to the execution of judgment and award dated
19.05.2022 passed by the Presiding Officer, Land Acquisition,
Resettlement and Rehabilitation Authority, Nagpur in LAC No.
1131/AMT/AMT/2018.
21. The civil application stands disposed of, accordingly.
(G. A. SANAP, J.)
Namrata
Signed by: Miss Namrata Suryawanshi
Designation: PA To Honourable Judge
Date: 09/05/2024 12:04:11
