{1} IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO.5416 OF 2008 In FA ST No.15474/99 Maharashtra Electricity Board Through Executive Engineer Bhusawal, Dist. Jalgaon. Applicant. VERSUS 01- Jairam Devram Pawar R/o Nimbhora Tq. Bhusawal Dist. Jalgaon. 02- The Special Land Acquisition Officer U.T.P.S. No.2, Jalgaon. Respondents. *** Shri H.T.Joshi, advocate for applicant. Shri A.B.Kale, advocate for respondent no.1. *** Coram : K.U.Chandiwal, J. Date: 24th June 2009. P.C.: 01- The acquiring body MSEB feels aggrieved by the order of reference Court by judgment dated 21st April 1998. It learnt about the orders {2} on 01st January 1999. The matter was considered at the level of Law Officers and the decision was taken at the higher officer level to prefer the appeal and in the process there is delay of 378 days in causing to file the appeal. 02- During the course of submission Mr.Joshi has invited my attention to the judgment in the matter of Nuclear Power Corporation Vs. Gajrajsing, AIR 1994 SC 1606. The Hon’ble Lordships have observed; “Since the parties were found to be interested and entitled to file appeal against the Award by reference Court, though they were no impleaded nor notices were given to them in reference Court, appeal so filed by such party cannot be dismissed on the ground of delay.” 03- It is apparent in this case, the acquiring body was not aware of the land acquisition proceedings and naturally adversely affected by the orders. The delay is not deliberate nor there is any negligence portrayed on the part of the appellant. Though the submission was canvassed by Mr.Kale that in similarly placed matters, where also trivial amount was involved, as in the present case of Rs.15,000/-, the appeals by MSEB are allowed to be withdrawn. He has given reference to the judgment of this Court dated 05th Feb., 2007 in FA No.896/2004 and a group of three other appeals. However {3} on this, the counsel for appellant informs, it was on the specific instructions of the department he has withdrawn the appeals. Same scale cannot be applied to the present case. There should not be any quarrel on what he has said or done. In the situation the delay condoned. Application allowed. [K.U.CHANDIWAL] JUDGE /mda/0609/ca5416.08