FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION NO.1482 OF 2009 IN FIRST APPEAL (ST.) NO.1448 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 Patil, learned Counsel for the applicant and Shri Korde, learned A.G.P. for the respondents. 2 This application is for condonation of delay of 2137 days caused in filing the appeal. 3 In the application, it is averred that the applicant has preferred appeal challenging the judgment and award dated 16th December, 2002 passed by the learned C.J.S.D., Shahada in LAR No.19/2000. The notification under Section 4 of the Land Acquisition Act, 1894 (for short, "Act") was published in Government Gazette dated 29th December, 1995. The land of the applicant was acquired for public purpose of construction of Minor Irrigation Tank, Susari. The award was made on 27th February, 1999. In the application, it is averred that the State Government had filed appeal challenging the judgment and award including the present case. Since there was delay, civil application was taken out for condonation of delay. The Civil Application was rejected by order dated 18th October, 2007. 4 The learned Counsel for the applicant submitted that this Court has passed various orders condoning the delay occasioned in filing the appeal. He invited my attention to the order dated 21st August, 2008 passed by this Court in Civil Application No. 5461 of 2007 in First Appeal Stamp No.8944 of 2007. In that case also, the notification under Section 4 of the Act was published in the year, 1995 for the public purpose of construction of Minor Irrigation Tank, Susari and the award was made on 27th February, 1999. The delay of 1497 days was condoned by this Court. He further invited my attention to the order dated 9th July, 2008 in Civil Application No.10313 of 2007 in First Appeal St. No.22269 of 2007. This Court condoned the delay of 1723 days caused in filing the appeal subject to payment of costs of Rs. 100/- to the Advocates Association of High Court of Judicature at Bombay Bench at Aurangabad. 5 The learned Counsel also invited my attention to the order dated 18th November, 2008 passed by this Court in Civil Application No.10302 of 2007 to 10306 of 2007 wherein the delay was ranging from 1578 to 1927 days in filing the appeal. On the ground of parity, though the Court was not convinced with the reasons, the delay was condoned. 6 In view of the above orders, though I am not satisfied with the reasons given in support of this application, on the ground of parity, the delay deserves to be condoned, subject to payment of costs. 7 Hence, the civil application is allowed in terms of prayer clause (B) on the condition of the applicant paying costs of Rs.500/- to the Advocates Association of High Court of Bombay, Bench at Aurangabad, within four weeks from today. If the costs is not paid within the stipulated period, the civil application shall stand dismissed without further reference to the Court. (R.G. KETKAR, J.) 09.12.2009. PLK/*