FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION NO.9496 OF 2007 IN FIRST APPEAL (ST.) NO.19041 OF 2007 ________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | ________________________________________________________ This civil application is taken out for condonation of delay of 464 days caused in filing the appeal. In the application it is stated that the impugned judgment and award was passed on 4th March, 2006. Application for certified copy was made on 13th March, 2006 and certified copy was ready for delivery on 24th March, 2006 and it was obtained on 4th April, 2006. However, the Law & Judiciary Department sanctioned the proposal and forwarded to the office of the Government Pleader on 21st November, 2006. Eventually, the appeal was filed on 10th October, 2007 resulting in the delay of 464 days in filing the appeal. 2 Shri Jadhav, learned A.G.P. in support of the application submitted that the delay is neither intentional nor deliberate and the State machinery has to obtain information, sanction as also relevant data before filing appeal. In the process, the delay is caused. He further submitted that the Special Land Acquisition Officer awarded compensation of Rs.1,13,202/- whereas the reference Court awarded compensation to the tune of Rs. 8,92,500/-. Having regard to the controversy raised in the appeal, he submitted that the delay deserves to be condoned. 3 On the other hand, the learned Counsel for the respondents strenuously submitted that the delay has not been properly explained. The grounds set out in support of the application for condonation of delay are totally incorrect and false. At any rate, he submitted that after the proposal was sanctioned by the Law & Judiciary Department, the same was received by the office of the Government Pleader on 26st November, 2006. However, there is no explanation as to why it took time till 10th October, 2007 for filing the appeal. 4 I have heard the learned Counsel for the parties at length. It is not disputed that the certified copy of the judgment and award was delivered on 24th March, 2006. There is delay of nearly 8 months in sanctioning the proposal on 21st November, 2006. That apart, after sanction of the proposal on 21st November, 2006, ultimately the appeal was filed on 10th October, 2007 i.e. nearly after 11 months. Considering the controversy raised in the first appeal, though the delay is not satisfactorily explained, in opinion, the interest of justice demands that the delay should be condoned by imposing costs as a condition precedent on the applicant. 5 In view of this, civil application is allowed in terms of prayer clause (B) on the condition of applicant’s paying Rs.5000/- to the respondents within a period of 12 weeks from today, as a condition precedent. In case, the costs is not paid within the stipulated period, the civil application will stand dismissed without reference to the Court. (R.G. KETKAR, J.) 17.11.2009. PLK/*