FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION NO.2356 OF 2009 IN FIRST APPEAL (ST.) NO. 2652 OF 2009 ________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | ________________________________________________________ Heard Shri Jadhav, learned A.G.P. for the applicants and Shri Gaddime, learned counsel for the respondent. This application is for condonation of delay 285 days, caused in filing the appeal. The applicant has preferred first appeal against the judgment and award dated 22.1.2008 passed by the learned C.J.S.D. Ahmedpur Camp at Udgir, in L.A.R. No. 93 of 2003. In the application, it is averred that the Law and Judiciary department Aurangabad forwarded the proposal to the office of the Assistant Government Pleader on 21.6.2008. By letter dated 3.7.2008, the Officers were called upon to forward certified copy of the judgment and award, different chart and the typed copies of the judgment and award. The court fees, certified copies of the judgment and award as also typed copies of the judgment award were received on 20.9.2008. The difference chart was received on 15.12.2008. Eventually the appeal was filed on 3.2.2009 resulting into delay of 285 days. On merits, it was submitted that the Land Acquisition Officer awarded compensation @ Rs.215/- per R which was enhanced by the Reference to Rs.1500/- per R. Considering the controversy raised in the appeal, though the applicant has not satisfactorily explained the delay, in my opinion, the delay deserves to be condoned in the interest of justice subject to payment of costs. Hence, on the condition of the applicant paying Rs.1000/- as and by way of costs to the respondent, within eight weeks from today, civil application stands allowed in terms of prayer clause "B". If the applicant do not pay the amount within stipulated period, the civil application shall stand dismissed without further reference to the court. List the appeal for admission in the next week. (R.G. KETKAR, J.) Date:08.12.2009. rlj/