Allowed

The State of Maharashtra v. Jayaram Hari Bhoir

Bombay HC16 Sept 2005CAF/1081/2003

Case brief

AI extract

What is this about?

In an oral order, a Single Judge allowed the State of Maharashtra's application for condonation of delay in filing a caveat, considering the liberal judicial attitude towards State applications in land acquisition proceedings, but imposed a condition precedent of depositing costs.

What did the court decide?

Application allowed subject to deposit of Rs.2000/- costs within six weeks.

The State of Maharashtra Vs Jayaram Hari Bhoir — Writ and Judicial Review | Bombay HC (2005)

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 IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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CIVIL APPELLATE JURISDICTION.

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CIVIL APPLICATION NO.1081 OF 2003.

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IN

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FIRST APPEAL STAMP NO.25109 OF 2000.

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 The State of Maharashtra : Appellants.

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 versus

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 Jayaram Hari Bhoir : Respondent.

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 Mr.S.N.Gawade, AGP, for the State.

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 Mr.Anilkumar Patil for the respondent.

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CORAM : D.G.DESHPANDE,J.

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 DATED : 16th September 2005.

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ORAL ORDER

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 1. Heard learned AGP for the appellants in
 this application for condonation of delay of 947
 days and the advocate for the
 respondent/claimant.

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 2. The learned AGP for the State contended
 that, the matter is arising out of the land

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 acquisition proceedings and the delay has been
 caused because of the departmental procedure.
 The learned AGP for the appellant has relied upon
 certain judgments of the Supreme Court reported
 in

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 AIR 1996 SC 1623 [State of Haryana v.

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 Chandra Mani]

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 JT 1998 (6) SC 242 [N.Balakrishnan v. M.
 Krishnamurthy]

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 AIR 1996 SC 2750 [Special Tehsildar, Land
 Acquisition Kerla v. K.V.Ayisumma]

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 and pointed out that in all these aforesaid three
 judgment, the Supreme Court has adopted liberal
 attitude where the applications for condonation
 of delay were made by the State.

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 4. On the other hand advocate for the

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 respondent/claimant strongly opposed this
 application for condonation of delay on the
 ground that the explanation given in the
 application can neither be treated as reasonable
 nor satisfactory.

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 5. However, looking to the fact that the
 matter is arising out of land acquisition
 proceedings and in view of the liberal attitude
 adopted by Supreme Court in the aforesaid
 judgments relied upon by the AGP, this
 application is allowed subject to payment of
 costs of Rs.2000/-. Payment of costs is a
 condition precedent. Costs to be deposited in

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 this court within six weeks from today. After
 deposit the respondent/claimant will be permitted
 to withdraw the costs. Civil Application is
 disposed of. Put up the matter for admission
 after six weeks.

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[D.G.DESHPANDE,J]

The State of Maharashtra v. Jayaram Hari Bhoir

Case brief

What is this about?

What did the court decide?

The State of Maharashtra v. Jayaram Hari Bhoir

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

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