1 caf993-01 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION rpa CIVIL APPLICATION NO.993 OF 2001 IN FIRST APPEAL ST. NO.28836 OF 1998 The State of Maharashtra .. Applicant V/s. Dnyanoba Shamrao Shinde .. Respondent ..... Mr. A. R. Patil, AGP for the applicant – State. Mr. Manoj Kadam i/b. Mr. Pratap Patil for the respondent. ..... CORAM : A. S. OKA, J. DATE : APRIL 21, 2011. P.C.:­ Heard the learned counsel appearing for the parties. The delay is of 4 years and 226 days in preferring an Appeal against the Award passed under Section 18 of the Land Acquisition Act, 1894. The impugned Award was passed on 30th August, 1993. The certified copies were applied for on 29th November, 1993 and the same were ready on 15th January, 1994. However, opinion for preferring an Appeal was forwarded to the Law and Judiciary Department only on 18th December, 1996. State Government passed a resolution on 15th 2 caf993-01 July, 1997 for preferring an Appeal. It appears that certified copy was forwarded to the office of the Government Pleader on 29th July, 1997. However, amount of Court fees was not forwarded to the office of the Government Pleader and, therefore, a telegram was sent by the said office called upon the Special Land Acquisition Officer to deposit the requisite Court fees for filing the Appeal. The present Appeal was filed on 29th August, 1998. Thus, there has been gross unexplained delay at every stage. On 15th March, 2011, the learned AGP was granted time to file additional affidavit for explaining the delay. The learned AGP states that he has not received any instructions. In view of the gross unexplained delay, the application is rejected. As a consequence of rejection of this application, the Appeal will not be registered. Hence, appellant is entitled to refund of Court fees on Appeal as per Rules. 2. Civil Application No. 994 of 2001 does not survive and the same is disposed of. JUDGE