1 FARAD CONTINUATION SHEET. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. SECOND APPEAL ST.NO.8359 OF 2007. The Spl.L.A.O.Nagpur & anr. ..vs.. Chintam and ors. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Office Notes, office Memoranda of Coram Court's or Judge's appearances, Court's orders or directions order and Registrar's order. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= CORAM: C.L.PANGARKAR,J. DATE : 17th April, 2008. 1. Heard Mr.Nitin Sambre, Learned Government Pleader for the appellants and Mr.Vyawahare, Advocate for the respondents. 2. This court had passed an order dated 11/4/2008 calling upon the Government Pleader to explain why the appeal is being filed after delay of 2532 days and particularly when the enhancement of the compensation is only Rs.12000/-. 3. The learned Government Pleader makes statements before the court that the Government intends to file the appeal because of the fact that if 2 the appeal is not preferred by the Government and the order stands confirmed, it may be that the Government may require to pay same amount of compensation to neighbouring fields owners whose lands have already been acquired. In such circumstances, it has become necessary to prefer an appeal. The explanation is accepted. Civil Application No.8185 of 2007. 1. Heard. 2. This application has been moved for condonation of delay in preferring the first appeal against the award passed by the Civil Court. There is a delay of 2532 days i.e. seven years. The decision was rendered in the matter on 29/2/2000 and the appellants submit that the appellants have sufficient and reasonable grounds to challenge the exorbitant compensation awarded by the civil court. It is stated in the application that the Special Land Acquisition Officer has informed that the earlier L.A.O. did not take care and bother to prefer an appeal before the High Court. The affidavit further discloses that from 2004 onwards when the present L.A.O. resumed his charge, he was busy in conducting the elections and preparing voters list and other allied works. He 3 was holding charge as S.D.O. and President of the Municipal Council. 3. There is no doubt that the concerned Officer was overburdened but even after the present Officer resumed, the appeal was not filed for a period of three years. It is stated by the learned counsel for the appellants that the appellants have good case on merits. If the appellants are not allowed to challenge the award, the Government will be required to unnecessarily shell out exorbitant amount of compensation due to the fault on the part of the Officer. The appeal is being preferred so late only on account of the fault of Mr.V.S.Moon - the earlier Land Acquisition Officer and Mr.S.D.Balveer present Land Acquisition Officer. Since large amount of public money would otherwise be required to be paid, it is necessary to condone the delay. The delay shall stand condoned only upon each of the Officers personally paying from the salary a sum of Rs.7000/- (Rs.Seven thousand only) towards the costs which shall be payable to the respondents, within period of fifteen days. S.O.2/5/2008. JUDGE chute 4