1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION NO.9784 OF 2008 IN FIRST APPEAL (ST.) NO. 17524 OF 2008 The State of Maharashtra and another ...Applicants Versus Ramrao Madhavrao Chamle and another ...Respondents ..... Mr. N.N.Jadhav, AGP for the applicants Mr. A.M. Gaddime h/f Mr. V.D. Gunale, advocate for respondents ..... CORAM: R.G. KETKAR, J. DATED: 5TH NOVEMBER, 2009 PER COURT:- 1 This application is taken out for condoning the delay of 283 days caused in filing first appeal. 2 The first appeal is arising out of the land acquisition proceeding initiated for acquiring the lands of the respondents. The appeal is directed against the judgment and award dated 31.8.2007 passed by the learned C.J.S.D. Latur in Land Acquisition Reference No.97 of 2004. From perusal of the record, it is evident that the application for certified copy was made on 20.11.2007 and certified copy was ready 2 and delivered on 11.4.2008. In the application, it is asserted that the certified copy of the judgment was received by the office of the Government Pleader from the land Acquisition Officer on 10.7.2008 and the present appeal is filed on 6.9.2008. The respondents have filed affidavit of Ramrao Chamle in opposing the application for condonation of delay. It is contended that the applicants have not made out sufficient cause for condoning the delay. Though the proposal was received by the office of the Government Pleader on 26.3.2008, the appeal was drafted on 7.4.2008 and certified copy was received on 10.7.2008. However, there is no explanation for sending proposal to the office of the Government Pleader after six months from the date of decision of the Reference Court. 3 I have heard counsel for the parties. Learned counsel for the respondents relied upon the judgment of this Court in the case of Kamalbai Narasaiyya Shrimal & Anr Vs. Ganpat Vithalrao Gavare, reported in 2007 (2) All M.R. 608, in support of his submission that the delay, being not explained, cannot be condoned. With the assistance of the learned counsel, I have gone through material on record and after hearing learned counsel for the parties, I am of the opinion that the applicants have explained the delay caused in filing the appeal. As set out earlier, the impugned judgment and award was passed on 31.8.2007. Application for certified copy was made on 20.11.2007 and the proposal was received in the office of the 3 Government Pleader on 26.3.2008. Certified copy was however, received on 10.7.2008. It is also material to note that the Land Acquisition Officer awarded compensation @ Rs.35,250/- per hectare and the Reference court has enhanced it to Rs.1,50,000/- per hectare. Considering the controversy raised between the parties and the reasons recorded for condonation of delay, in my opinion, delay deserves to be condoned in the interest of justice. Accordingly civil application is allowed in terms of prayer clause "B" with no order as to costs. 4. Appeal to come up for admission on 12.11.2009. (R.G.KETKAR, J.) rlj/