1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD CIVIL APPLICTION NO.9974 OF 2008 IN FIRST APPEAL ST.NO.17459 OF 2008 The S.L.A.O., Upper Tapi Project, Jalgaon. Applicant V/s Dnyaneshwar Sukdeo Barhate and others. Respondents ------------------------------------------------------------------------------------------------------- Mr. V. D. Rakh, the AGP for the applicant/State. Mr. S. D. Kotkar, holding for Shri. C. K. Shinde, Advocate for the Respondents. ------------------------------------------------------------------------------------------------------ (CORAM : R.K. DESHPANDE, J.) DATE : 29th September, 2009. PER COURT : 1. This is an application for condonation of 581 days delay, caused in filing the appeal by the State, challenging the enhancement of compensation from Rs.1,84,054/- to Rs.3,18,450/-. The learned AGP Shri. Rakh argues that keeping in view the difference of amount i.e. enhancement granted by the Reference Court coupled with reasons which are stated in the application for condonation of delay, sufficient cause has been made out to condone the delay of 581 days caused in filing the appeal. My attention was brought to paragraph no.3, wherein it has been stated that, the impugned order was passed on 26.09.2006, certified copy 2 was applied on 09.10.2006, it was ready for delivery on 13.12.2006 and certified copies were collected on 24.01.2007. It is further urged that, the certified copy was submitted to the office of the Government Pleader on 03.11.2007 by the concerned Department. The appeal was drafted on 16.05.2007. It is also urged that, the events narrated in the application makes out a sufficient cause for condonation of delay. 2. Shri. S.D. Kotkar holding for Shri. C. K. Shinde, the learned Counsel appearing for the respondent has filed Reply affidavit to the application and prayer for condonation is opposed. The learned Counsel for the respondents further relied upon the order dated 4th April, 2009 rejecting the civil application no.9798/2008 for condonation of delay filed in First Appeal St. No.17467/2008. He further relied upon the order dated 27th June, 2009 passed on Civil application no.9795/2008 for condonation of delay filed in First Appeal st. No.17467/2008. He argues that, same grounds, as are raised in the present application, were also raised in the civil application decided by this Court. It is further urged that, the Judgment and award passed in the instant matter by the Reference Court pertains to the lands which are acquired by the same notification which also included the lands involved in this First appeal. 3. I have gone through the orders dated 26th June, 2009 passed 3 by this Court in Civil Application No.9795/2008 in First appeal st. No. 17476/2008 and on civil application no.9798/2008 in First Appeal st. No. 17467/2008. The order passed on Civil Application No.9795/2008 on 26.06.2009 is reproduced below:- “01 There is delay of 513 days in causing to file the appeal. The State feels aggrieved by the order of enhancement by Joint Civil Judge, S.D., Jalgaon dt. 26.09.2006. The order is passed based on the contents of the application. The AGP, in spite of repeatedly called, has not responded. 02. The judgment is dated 26.09.2006 while the proposal was sent to Law and Judiciary Department on 12.04.2007. The copy application was moved on 09.10.2006, it was ready on 13.12.2006, but collected on 24.01.2007. The slackness shown by the concerned authorities cannot be further encouraged. The application seeking condonation of delay dismissed with FA ST No.1747/08.” 4. The facts which are urged in the present civil application are identical one to the facts which are narrated in the civil applications for condonation of delay and same are dismissed. In view of this, the present application is also dismissed as no sufficient cause is made out for condonation of delay. (R.K. DESHPANDE) JUDGE GAS/ca.9974.08 4