FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION NO. 5065 OF 2008 IN FIRST APPEAL (ST) NO. 9005 OF 2008 ________________________________________________________ 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 1074 days, caused in filing the appeal. Heard Shri Korde, learned A.G.P. in support of this application. None present for the respondent. In the application, it is averred that the judgment and award was passed on 17.2.2005. The proposal was submitted by the Law and Judiciary department on 27.4.2007. An application for certified copy was made on 14.9.2007 and the certified copy was ready for delivery on 3.10.2007. It was collected on the same day. The appeal was actually filed on 25.4.2008. On merits, learned A.G.P. submits that the land Acquisition Officer awarded compensation for acquired lands @ Rs.41,000/- per hectare, which was enhanced by Rs. 1,75,000/- per hectare. He further submits that the State Government has preferred first appeal No. 933 of 2003 against the decision rendered by the learned C.J.S.D. Dhule in Land Acquisition Reference No. 80 of 2000 and this court has admitted the appeal. The said appeal is pending for final disposal. None appears for the respondent and there is no affidavit in opposition. Though, I am not satisfied with the explanation given for condoning the delay, considering the controversy raised in the appeal, as also the first appeal No. 933 of 2003 is admitted by this Court, in my opinion, in the fitness of things, delay deserves to be condoned, subject to payment of costs. Hence, civil application is allowed in terms of prayer “B” of the application on the condition of the applicant paying the cost of Rs. 1,500/-, within 12 weeks from today, to the respondent. If the cost is not paid within 12 weeks from today, civil application shall stand dismissed without further reference to the court. (R.G. KETKAR, J.) Date:27.11.2009. rlj/