1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CIVIL APPLICATION NO. 8681 OF 2007 in FA ST. NO. 13891/2007 Executive Engineer vs. Vithal Bablaji Kawalkar & Ors. AND CIVIL APPLICATION NO. 8746 OF 2007 in FA ST. NO. 13811/2007 Executive Engineer vs. Subhash Tulshiram Kawalkar & Ors. WITH CIVIL APPLICATION NO. 8750 OF 2007 in FA ST. NO. 13817/2007 Executive Engineer vs. Smt. Venutai wd/o Bhimrao Thakre & Ors. Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. FEBRUARY 28, 2008. Heard Shri Patil, learned counsel for the appellant/ applicant, Shri Nakshane, Advocate for respondent No.1 (for respondents No. 1 to 4 in CA No.8750/2007) and Shri Parihar, AGP for respondent – State & Sp. Land Acquisition Officer. The prayer is to condone delay of 204 days in CA No. 8681/2007 and 203 days in CA Nos. 8746/2007 and 8750/2007 in 2 filing appeal under Section 54 of Land Acquisition Act. As per orders dated 7.2.2008, an additional affidavit in respect of prayer for condonation of delay is filed on 16.2.2008. In the said affidavit, it is pointed out that the counsel representing the appellant before the trial Court did not communicate the impugned order to the appellant for a period of five months and on enquiry made by the appellant the order came to its knowledge and thereafter an application for certified copy was moved and machinery was set in motion and after obtaining opinions and administrative clearance, the appeal has been filed. In view of the details given in the affidavit, it is apparent that the delay has been caused because the order was not communicated to the appellant/ applicant by its advocate. In the circumstances, there are no malafides on the part of the applicant. Hence delay is condoned subject to payment of cost of Rs.300/- to present respondent No. 1 in each of the matter, within a period of four weeks from today. If the costs are so 3 paid, the office to register First Appeal and place it for further consideration. JUDGE *GS.