IN THE HIGH COURT OF JUDICATURE AT BOMBAY: NAGPUR BENCH: NAGPUR CIVIL APPLICATION NO.3178/2008 State of Maharashtra & ors. ..vs. Pandurang Gunjkar. ================================== CORAM: S.R. DONGAONKAR, J. DATE:7.8.2008. Heard Mr. Kankale, A.G.P. for state and Mr. Abbasi, advocate for the respondent. This is an application for condonation of delay in preferring an appeal which is stated to be of 477 days. In the present case, it appears that the judgment in the reference was delivered on 30.8.2006. Application for certified copy was made on 6.8.2006. Needless to say that after limitation period, the certified copy was received on 1.9.2007. The application for condonation of delay was preferred on 12.3.2008, the same was filed on 19.3.2008. It is also informed that opinion of the government pleader received on 4.4.2007. It does appear that there is considerable delay and for some of the days it is not satisfactorily explained. The better affidavit has been filed by the applicant to overcome this situation to some extent. It is necessary to bear in mind that in the present case the rate at which compensation was granted by the L.A.O. was Rs.65,500/- per hectare, whereas the rate granted by the reference court is about Rs. 1,421,500/-,- per hectare. One sale deed has been relied. Of course the merits of the appeal of the appellant can not be decided in this application, but fact remains that the arguable points are raised. It would be seen that the compensation is payable from the state exchequer obviously public money. The matter has to be processed by the government office, working of which, needless to say; is well known. In such circumstances and more so because in one such case i.e. C.A.26/2008, delay almost of the same period has been condoned by imposing cost of Rs.5000/-. In these circumstances similar order needs to be passed in this appeal and delay needs to be condoned. Hence in the interest of justice delay is condoned. However, subject to payment of cost of Rs.5000/- to the present respondent within a period of 8 weeks from today. After the costs are paid, office to register the appeal and proceed further. As the amount is being paid by the state government, as per above order, it would be free to recover the same from the erring officials. It is further necessary to order that the copy of this order be sent to the Secretary, Law & Judiciary Department for taking suitable steps, so that no such delay occurs in future in dealing with the matters of such appeals or other proceedings to be preferred by the government to prevent avoidable loss to the state. Application stands disposed of. JUDGE smp.