ssm sm sm IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CIVIL CIVIL CIVIL APPLICATION NO. 5669 OF 2005 APPLICATION NO. 5669 OF 2005 APPLICATION NO. 5669 OF 2005 IN IN IN FIRST FIRST FIRST APPEAL (STAMP) NO.15462 OF APPEAL (STAMP) NO.15462 OF APPEAL (STAMP) NO.15462 OF 2004 2004 2004 The State of Maharashtra Through-S.L.A.O No.1, Sangli. ...Appellant. Vs. Shri Sidhappa Gurupadappa Dhodmal & Ors. ...Respondents. Ms.S.P.Manchekar, A.G.P. for the State. Mr.Amit Sule for Respondent No.2. CORAM CORAM CORAM : ANOOP V. MOHTA,J. : ANOOP V. MOHTA,J. : ANOOP V. MOHTA,J. DATED DATED DATED : 4th June, 2008 : 4th June, 2008 : 4th June, 2008. P.C. P.C. P.C. . This is a Civil Application for condonation of delay in filing the present first Appeal. The delay is about 12 years and more. The Judgment and award is dated 18/10/1991. The present Appeal alongwith Civil Application is dated 21st April, 2004. 2. The basic averments are as under:- 3. On 18/10/1991, the Civil Judge, Senior Division, Sangli passed the Judgment and Award and awarded enhanced compensation. ( 2 ) 4. On 26/12/1991, office of the District Government Pleader, Sangli, forwarded his opinion to the Collector, Sangli and copy to the Remembrancer of Legal Affairs, Law and Judiciary Department, Mantralaya, Mumbai. 5. On 30/12/1991, office of the Law and Judiciary Department, Mantralaya received opinion of the District Government Pleader, Sangli. 6. On 01/01/1992, concerned ’M’ Branch of Law and Judiciary Department, Mantralaya received papers and opinion of the District Government Pleader, Sangli. 7. On 20/01/1992, Solicitor (M.L.) prepared his note for taking appropriate steps to file the above mentioned First Appeal in this Hon’ble Court. . The Law and Judiciary Department, Mantralaya, Mumbai issued Resolution for filing the above mentioned First Appeal in this Hon’ble High Court. 8. On 21/01/1992, office of the Government Pleader, High Court, Appellate Side, Mumbai received Resolution ( 3 ) alongwith uncertified copies of Judgment from Law and Judiciary Department. 9. On 09/06/2003, office of the District Government Pleader applied for certified copies of Judgment and Award passed by the Reference Court. 10. On 12/06/2003, office of the District Court given date to the Applicants for taking delivery of the copies. . Certified Copies of Judgment and Award passed by the Reference Court were ready. 11. On 30/06/2003, the office of the District Government Pleader collected the certified copies of Judgment and Award passed by the Reference Court. 12. On 15/09/2003, the office of the Special Land Acquisition Officer No.1, Sangli forwarded certified copies of Judgment and Award passed by the Reference Court in the above mentioned matter to the Government Pleader, High Court, Appellate Side, Mumbai. 13. On 31/12/2003, the office of the Government ( 4 ) Pleader, High Court, Appellate Side, Mumbai called upon the District Government Pleader, Sangli to explain the delay in obtaining certified copies of Judgment and Award passed by the Reference Court. 14. On 16/01/2004, the office of the District Government Pleader informed to the Government Pleader, High Court, Appellate Side, Mumbai that it remained on the part of the previous District Government Pleader to apply for certified copies of Judgment and Award and therefore, there is a delay in filing the above mentioned First Appeal. 15. By order dated 4th March, 2008, this Court has granted further time to file additional affidavit to justify the delay, basically for the period from 20th January, 1992 to 9th June, 2003. An affidavit dated 18th March, 2008 is on record. 16. After going through the same and after hearing both the parties, the justification so given is in no way sufficient to consider as a gross delay of more than 12 years. There are no proper explanations whatsoever, even for the following period except as noted below:- ( 5 ) "6. By dated 21/01/1992, Law and Judiciary Department requested to send certified copy of Judgment and Award of L.A.Case No.18/1987. This letter is received to our office but at that time Shri S.S.Patil was D.G.P. and he is incharge of whole office. So, this duty of S.S.Patil to send the Certified Copies of above case. 7. Then from 11/12/1992, Shri N.H.Patil was appointed as a D.G.P. he is incharge of D.G.P. office till 09/07/1997 now he is expired. 8. From 1997 till 2000 A.V.Gadre was a D.G.P. and from 26/06/2000 to 03/10/2000 Mrs. M.K.Kulkarni was a D.G.P. 9. From year 2000 till today I, am working as a District Govt. Pleader. When I, know the above fact, I have applied for certified copy on 09/06/2003, same was ready on 30/06/2003 and then I have sent same copies to your office by Spl. Land Acquisition Officer No.1 on 15/09/2003. ( 6 ) 10. Then from your office letter dated 31/12/2003, your explanation for delay on 27/01/2004 I, personally present in your office and I, have filed an affidavit to that effect." 17. In view of the above, I am of the view that there is no case made out by the Appellant to condone the delay. This Civil Application is, therefore, dismissed. 18. In the result, the first appeal itself is dismissed. (ANOOP (ANOOP (ANOOP V. MOHTA, J.) V. MOHTA, J.) V. MOHTA, J.)