1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CA NO. 3672 OF 2007 IN FIRST APPEAL ST. NO. 1562 OF 2007 (State of Maharashtra vs. Sopan Rambhau Walukar) 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. JANUARY 06, 2009. Heard Shri Kankale, learned AGP for the appellant/ applicant. Nobody appears for the respondent. The application for condonation of delay of 828 days in filing appeal under Section 54 of Land Acquisition Act is moved by the appellant. The perusal of affidavit as also additional affidavit filed show that the appellant had taken all necessary steps and certified copy was also applied for within limitation. It appears that the acquiring body (Officer of State Government) did not make the funds available to the appellant for filing the appeal from 26.10.2005 till 20.7.2006. After receipt of funds, papers were submitted to the office of Government Pleader on 21.7.2006 and it is further mentioned that the Assistant Government Pleader received papers on 23.11.2006 for drafting of appeal. It is, therefore, apparent that the delay is 2 not caused at the instance of present appellant. Hence, the delay is condoned subject to payment of cost of Rs.1,000/- by the appellant to High Court Legal Services Sub-Committee, Nagpur, by 16.3.2009. If the costs are so deposited, office to register First Appeal and to proceed further in accordance with law. The appellant – State Government is at liberty to recover the cost from the acquiring agency. JUDGE *GS.