FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION NO.2369 OF 2009 IN FIRST APPEAL (ST.) NO.2758 OF 2009 ________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | ________________________________________________________ This application is taken out for condonation of delay of 406 days caused in filing the appeal. 2 Heard Shri Korde, learned A.G.P. for the applicant and Shri V.B. Patil, learned Counsel for respondent. 3 In the application, it is averred that the judgment and award was passed on 21st February, 2007 by the learned 2nd Joint C.J.S.D., Jalgaon. The application for certified copies was made on 14th March, 2007 and the same were ready on 4th August, 2007 and were collected on 29th October, 2007. The proposal to file appeal was received by Government Pleader’s office on 23rd October, 2007. The office of the Government Pleader addressed letters dated 29th October, 2007 and 26th December, 2007 for supplying certified copies of the judgment and award, typed copies of the judgment and award, difference chart and other documents. The certified copies of the judgment and award, typed copies, difference chart were supplied to the said office on 17th June, 2008. The appeals were filed on 3rd February, 2009. 4 On merits, it is submitted that the Land Acquisition Officer awarded compensation of Rs.14,040/-. The reference Court enhanced the compensation to Rs.26,000/-. Though, I am not satisfied with the explanation given for condonation of delay, considering the controversy, in my opinion, the delay deserves to be condoned subject to payment of costs. 5 The civil application is allowed in terms of prayer clause (B) subject to payment of costs of Rs.3000/- by the applicants to the respondent within a period of 8 weeks from today. Payment of costs shall be condition precedent. If costs is not paid within the stipulated period, the civil application shall stand rejected without further reference to the Court. (R.G. KETKAR, J.) 26.11.2009. PLK/*