LAWS(BOM)-2020-1-32

SPECIAL LAND ACQUISITION OFFICER Vs. NOWROZ JILLA

Decided On January 09, 2020
SPECIAL LAND ACQUISITION OFFICER Appellant
V/S
Nowroz Jilla Respondents

JUDGEMENT

(1.) Heard learned Counsel for the applicant and learned Counsel for the respondent.

(2.) By an order dated 7 January 2015, the above land acquisition reference was dismissed for non-prosecution. The said order reads thus:-

(3.) This notice of motion for restoration of land acquisition reference was filed on 9 August 2017. There is a delay of 943 days in filing the notice of motion. Learned Counsel for the applicant has drawn my attention to the averments as made in the affidavit in support of notice of motion that the applicant was diligent in pursuing the proceedings, however the Advocate had remained absent when the reference was called out for hearing on 7 January 2015. The relevant averments to that effect are set out in paragraphs 3 to 8 of the affidavit in support of the notice of motion which read thus:-