STATEOF GOA Vs. BHASKAR RAJARAM THAKUR

JUDGEMENT

(1.) -THIS is on application by the State for condonation of delay in filing first appeal arising out of land acquisition proceedings.

(2.) THE impugned judgement was passed by the District Judge, south Coa, Nargao in land acquisition case No. 286 of 1981 on November 28, 1988. An application for certified copy was made on December 1, 1988 and the date for taking delivery of the certified copy of the judgment was January 2, 1989. The certified copy was obtained by the State on january 6, 1989 Taking all this into consideration ordinarily the appeal should have been filed on or before March 31, 1989 but the same was filed on June 23, 1989. Thus, there was delay of 81 days on the part of the State to file the appeal.

(3.) IN support of the application, Mr. Bhobe, learned Government advocate, urged that there was all the anxiety on the part of the government to file appeal in which direction necessary steps were taken but there was another department, namely, the Office of the Directorate of Tourism for whom the land was acquired and on account of the correspondence between the State and the said office that the delay took place. Mr. Bhobe further urged that regard being had to the manner in which the papers are normally processed in the government departments this is a fit case in which the delay should be condoned. In order to substantiate his arguments, Mr. Bhobe relied upon a Supreme Court ruling in case of G. Ramegowda, Major etc. , v. The Land Acquisition Officer, bangalore, AIR 1988 SC 897 and a ruling of the Division Bench of this court in case of State Bank of India v. M/s. Javed Textiles and others, AIR 1986 Bombay 246.