Condonation of delay may be granted if the appellant demonstrates a logical cause, such as the time required to procure case documents from previous counsel and travel for legal consultation, especially when the filing remains within the discretionary period.

Item No.12 (Pune Bench)

ORDER

I.A. NO.850 OF 2025 (WZ)

1. By this I.A., learned counsel for the applicant/appellant has prayed for condonation of 57 days’ delay in filing the present appeal, on the ground that the applicant/appellant received a copy of the impugned order dated 06.05.2025 from the Office of the Goa Coastal Zone Management Authority (GCZMA)- Respondent No.1 on 09.05.2025 and also through post.

2. It is further submitted in this I.A. that due to the Summer Vacation of the Hon’ble High Court of Bombay at Goa, the Advocate became available only after 13.06.2025 i.e. post the resumption of the Court Vacation. Thereafter, an appointment was scheduled with the concerned Advocate on 20.06.2025. The applicant/appellant, being a resident of Delhi, had to undertake travel to Goa for the said consultation. Upon discussion of the matter in detail, the Advocate advised him to prefer an appeal before this Tribunal and requested to be provided to him the complete set of documents pertaining to the proceedings before the GCZMA.

3. It is further submitted in this I.A. that the applicant/appellant had to collect relevant documents from the earlier Advocate, who represented him before the GCZMA, and after procuring the said documents, the same were handed over to the concerned Advocate, who was engaged for filing the present appeal, on 14.07.2025. Therefore, in this process, delay of 57 days has happened in filing the present appeal.

4. From the side of Respondent No.2- Village Panchayat of Morjm, delay condonation application/I.A. is being opposed by filing reply affidavit dated 22.02.2026, wherein it is submitted that the applicant/appellant has made utterly false statement on oath. The applicant/appellant has sought to chalk out a chronology of dates in an attempt to fill the lacunae of delay but has failed to show any corresponding evidence in respect of his case. It is also alleged that the applicant/appellant was appearing before the Hon’ble High Court of Bombay at Goa in Contempt Petition No.1822/2024 (F) through his Advocate during the period of July 2025. Hence, the alleged statements that he could only manage the logistics of the files and documents are illusory and misleading.

5. After having heard the arguments of learned counsel for the parties, we are of the view that the order, which has been assailed herein, was passed on 06.05.2025 by Respondent No.1- Goa Coastal Zone Management Authority (GCZMA), while the present appeal has been filed on 04.08.2025, which is well within 90 days’ discretionary period. Moreover, from the averment made in the delay condonation application/I.A., it appears that the applicant/appellant had to spend time in procuring the documents from his earlier counsel, who had represented him before the GCZMA, and thereafter, handed over the same to his new counsel, who has filed the present appeal. Therefore, in this process, time might have been consumed, which seems to be logical and hence we find sufficient ground to condone the delay of 57 days and accordingly, we allow this I.A. and condone the said delay in filing the present appeal.

I.A. No.850 of 2025 (WZ) stands disposed of.

APPEAL NO.490 OF 2025 (WZ)

6. We direct the learned counsel for the Respondents to file their full-fledged reply affidavits in the main appeal within four weeks.

7. Put up this matter for further consideration on 13.08.2026.