FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION NO. 1377 OF 2009 IN FIRST APPEAL (ST.) NO. 2030 OF 2009 ________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | ________________________________________________________ This application is for condonation of delay of 365 days, caused in filing the appeal. The applicants have preferred the first appeal against the judgment and award dated 31.8.2007, passed by the learned C.J.S.D. Nandurbar in Land Acquisition Reference. Heard Shri Jadhav, learned A.G.P. in support of this application and Shri R.C. Patil, learned counsel for the respondent. In the application, it is averred that the impugned judgment and award was passed by the learned C.J.S.D. Nandurbar on 31.8.2007. An application for certified copy was made on 1.9.2007. Certified copies were ready for delivery on 26.10.2007 and the same were collected on 2.11.2007. The Law and Judiciary department forwarded the proposal to the office of the Government Pleader on 24.3.2008. Typed copies of the judgment and award were prepared and submitted to the office of the Government Pleader on 16.6.2008. The court fees were received by the office of the Government Pleader on 8.8.2008. The appeal was eventually filed on 27.1.2009. On merits, Shri. Jadhav, learned A.G.P. submitted that the notification under Section 4 of the Land Acquisition Act, 1894 (for short " the Act") was issued on 15.3.2000 and the lands were acquired for the public purpose of Minor Irrigation Project, Devalipada and Wagdi, Tq. Nawapur, District Nandurbar. The Land Acquisition Officer made award. Against which the claimants filed Reference under section 18 of the Act. The Reference court decided the References. Against this the State Government preferred the first appeal No. 2933 of 2009, as also the claimants have also filed first appeal No. 1879 of 2008. Both these appeals are admitted by this court and are pending for final disposal. Though I am not satisfied with the explanation offered in the application, for condonation of delay, considering the fact that both, the State Government as also the claimants have filed appeals, which have been admitted by this Court, in the interest of justice, delay occasioned in filing the appeal deserves to be condoned subject to payment of costs. Hence,civil application is allowed in terms of prayer clause "B", on the condition of the applicants paying an amount of Rs.500/- towards the costs, within a period of six weeks from today, to the respondents. If the amount of the costs is not paid within stipulated period, the civil application shall stand dismissed without further reference to the Court. (R.G. KETKAR, J.) Date:05.12.2009. rlj/ FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD FIRST APPEAL (ST.) NO. 2030 OF 2009 ________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | ________________________________________________________ Not on board. Mentioned. By consent taken up for admission. Heard Shri. Jadhav, learned A.G.P. in support of the appeal and Shri. R.C. Patil, learned counsel for the respondent. Admit. Shri Patil, waives service on behalf of the respondent. To be heard with first appeal No. 2933 of 2009 and first appeal No. 1879 of 2008. Call for record and proceeding. (R.G. KETKAR, J.) Date:05.12.2009. rlj/