IN THE HIGH COURT OF BOMBAY AT GOA MISC.CIVIL APPLICATION NO. 858 OF 2011 IN FIRST APPEAL NO. 78 OF 2001 THE LAND ACQ.OFFICER & ANR. ... Applicant Versus DAMODAR K.K.TARKAR ... Respondent Mr. Vivek Rodrigues, Addl. Govt. Advocate for the applicants. Mr. J. P. Mulgaonkar, Advocate for the respondent. Coram:- A. P. LAVANDE, J. Date:- 30th September, 2011 P.C.:- Mr. Mulgaonkar waives notice on behalf of the legal representative of the original respondent Damodar Kamat Tarkar. Heard Mr. Rodrigues, learned Addl. Govt. Advocate for the applicants and Mr. Mulgaonkar, learned Counsel for the legal representative of original respondent. 2. This is an application for setting aside abatement, condonation of delay of 8 years in bringing the legal representative of deceased respondent no.1 and to bring the legal representative of the original respondent No.1 on record. 3. According to the applicants, Ms. Surekha Kamat Tarkar is the only legal representative of the original respondent Damodar Kamat Tarkar in terms of the Will dated 8th February, 2001. 4. In terms of order dated 24th March, 2011, First Appeal No.78/2001 was dismissed as abated, since the sole respondent had expired about 8 years back and his legal representatives were not brought on record. The present application has been filed on 22nd September, 2011. 5. Considering the facts and circumstances of the case and considering that the appeal is preferred against the enhancement of compensation in favour of the deceased respondent in a reference under Section 18 of the Land Acquisition Act, it would be just and proper to condone the delay, set aside abatement of the appeal and permit the applicants to bring the legal representative of sole deceased respondent on record, subject to payment of costs. 6. Considering the period of delay in filing the application and considering that the applicants were put on notice in March, 2011 that the sole respondent had expired, I am of the considered opinion that the application deserves to be allowed by imposing costs of Rs.10,000/- in favour of the respondent. 7. Accordingly, the application is allowed, abatement of First Appeal No. 78/2001 is set aside by condoning the delay in bringing the legal representative of the deceased respondent on record and First Appeal No.78/2001 is restored to the file. The applicants are permitted to bring the LR. of sole respondent on record by amending the cause title, within a period of one week The applicants shall initially deposit the costs of Rs.10,000/- in this Court within a period of four weeks. Upon deposit, liberty to the legal representative of respondent to withdraw the same. The amount of Rs.10,000/- shall be recovered by the State Government from the Officers/persons responsible for the delay in filing the application to bring the legal representative of the respondent on record, after holding appropriate inquiry. The inquiry shall be held within a period of three months by a competent officer of the State Government and compliance report shall be filed in this Court within a period of four months. 8. Subject to the above directions, the application is allowed. A. P. LAVANDE, J. ssm.