FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION NO.1347 OF 2009 IN FIRST APPEAL (ST.) NO.1576 OF 2009 ________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | ________________________________________________________ Heard Shri Korde, learned A.G.P. for the applicant. Though the respondents are served, none appears for them. There is also no affidavit in opposition on their behalf. 2 This application is for condonation of delay of 309 days caused in filing the appeal. The appeal is filed challenging the judgment and award dated 19th December, 2007 passed by the reference court. In the application, it is averred that Law & Judiciary Department, Aurangabad forwarded the proposal to the office of the Government Pleader on 31st January, 2008. The office of the Govt. Pleader addressed letters 7th February, 2008, 18th March, 2008 and 23rd September, 2008 for supplying certified copies of the judgment and award, difference chart and typed copies, and court fees. In response to these communications, certified copies of the judgment and order were received on 18th September, 2008, difference chart was received on 5th March, 2008, court fees was received on 7th April, 2008 and the typed copies were received on 14th November, 2008. The appeal was eventually was filed on 20th January, 2009. 3 On merits, it is submitted that the appeal arises from the judgment and award passed in reference under Section 18 of the Land Acquisition Act, 1894. The Land Acquisition Officer awarded compensation @ Rs.13,000/- per hectare which was enhanced by the reference Court to Rs.40,000/- per hectare. Though I am not satisfied with the explanation given, considering the controversy raised int he first appeal, in my opinion, the delay deserves to be condoned by imposing costs. 4 Hence, the delay is condoned subject to payment of costs of Rs.1000/- to the High Court Bar Association, Aurangabad. The costs to be paid within six weeks from today. If the costs is not paid within six weeks from today, the civil application will stand dismissed without reference to the Court. (R.G. KETKAR, J.) 26.11.2009. PLK/*