IN THE HIGH COURT OF BOMBAY AT GOA MISC.CIVIL APPLICATION NO. 229 OF 2008 IN STAMP NUMBER MAIN NO. 488 OF 2008 DEPUTY COLLECTOR (L.A.) ... Applicant Versus V. M. SALGAOKAR AND BROTHERS PVT. LTD. AND 3 ORS., ... Respondents Mr. Manish Salkar,Addl. Govt. Advocate for the applicant. Mr. A. F. Diniz, Advocate for the respondents Coram:- R. C. CHAVAN, J. Date:- 12th August, 2008 P.C. By this application, the appellant Deputy Collector, South Goa seeks condonation of delay of 183 days in preferring appeal against the award of the learned 2nd Ad-hoc Addl. District Judge, South Goa, whereby the learned Ad hoc Addl. District Judge has enhanced the compensation from Rs.71/- to 262/- per sq.mtrs. The delay is sought to be explained on the ground that the file was moving on various desks through Law Department, the Addl. Govt.Counsel inadvertently, misplaced the file, and could not prepare the appeal in time and since he was busy in other matters. 2. The application is contested by the respondents who state that these reasons are hardly satisfactory and that, therefore, the application should be rejected. 3. Heard both the learned Counsel for the applicant and respondents. The learned Counsel for the respondents placed reliance on the judgment of this Court in Special Land Acquisition Officer Versus Jose Prazeres de Piedade Pinto, reported in M.C.A. No.450/2002 decided on 23.2.2006. In that case, the Court was considering delay of 281 days in preferring First Appeal and in that context held that the delay was not explained since the ground taken was movement of file as well as pendency of the matter for consideration in the office of the Advocate General. 4. However, it cannot be said that the judgment sets a precedent to lay down the rule that the delay should not be condoned in any case in which files are pending in the office of Advocates or when matters are pending for consideration by concerned authorities. The learned Counsel for the applicant points out that the respondents' appeal against the same award is already admitted. In view of this, the application for condonation of delay is allowed subject to however, costs of Rs.1,000/- to be paid to the High Court Legal Services Authority. R. C. CHAVAN, J. SMA