1 FARAD CONTINUATION SHEET NO.__________ IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGBAD. CIVIL APPLICATION NO. 2983 OF 2009 IN FIRST APPEAL ST. NO. 4493 OF 2009 Office Notes, Office Memoranda of | Coram, appearances, Court’s orders | Court’s or Judge’s orders or directions and Registrar/s orders | and Registrar’s orders | CORAM : P. R. BORKAR, J. DATE : 18 th JUNE, 2010 1 AGP Shri Wagh is present for the applicants. Adv. Shri D.R. Jaybhar is present for respondent nos. 1 and 2. 2 AGP Shri Wagh states that after decision of Land Acquisition Reference no. 17/2007, proposal was made to the Law and Judiciary department and sanction was given to file appeal by letter which was received on 6-6-2007. The concerned AGP drafted appeal memo on 7-6-2007 but thereafter there was delay till 25-2-2009 in filing the appeal and it is of more than one and half hear. It is stated in paragraph no. 5 that delay occurred as typed copies of 2 judgment and award and another documents were received in June 2007. But this does not explain in any way further delay. Learned AGP has relied upon paragraph no. 8 G. Ramegowda vs. The Special Land Acquisition Officer reported in AIR 1988 Supreme Court 897 and also refers to paragraph nos. 16 and 18 of the judgment. It is argued that no comparable sale instance was considered but decision of LAR no. 94/2006 copy of which was produced at exh. 29 was considered without further observing whether the decision in LAR No. 94/2006 was confirmed by the High Court or was subjected to appeal. Considering the facts and circumstances of the case, in my opinion, delay deserves to be condoned. Application is allowed. Delay condoned. ( P. R. BORKAR, J.) dyb / office / ca2983.09.odt 3 FARAD CONTINUATION SHEET NO.__________ IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGBAD. FIRST APPEAL ST. NO. 4493 OF 2009. Office Notes, Office Memoranda of | Coram, appearances, Court’s orders | Court’s or Judge’s orders or directions and Registrar/s orders | and Registrar’s orders | CORAM : P. R. BORKAR, J. DATE : 18 th JUNE, 2010 . Admit. . Adv. Shri Jaybhar waives notice for respondent nos. 1 and 2. ( P. R. BORKAR, J.) dyb / office / ca2983.09.odt