Holding a common appeal regarding delays in challenging land acquisition compensation awards, the court found the 218-day delay sufficiently explained by departmental processes. The applications to condone delay were allowed.
Delay of 218 days in seeking to challenge the awards was condoned and applications were allowed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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FARAD CONTINUATION SHEET NO.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
APPELLATE SIDE, BENCH AT AURANGABAD
63. CA/212/2009
In
FAST/7917/2001
WITH
CA/213/2009
In
FAST/8027/2001
WITH
CA/214/2009
In
FAST/7964/2001
WITH
CA/215/2009
In
FAST/7979/2001
WITH
CA/216/2009
In
FAST/8004/2001
WITH
CA/217/2009
In
FAST/7988/2001
WITH
CA/218/2009
In
FAST/8015/2001
WITH
CA/219/2009
In
FAST/7982/2001
WITH
CA/220/2009
In
FAST/7995/2001
WITH
CA/221/2009
In
FAST/8007/2001
WITH
CA/222/2009
In
FAST/7975/2001
WITH
CA/223/2009
In
FAST/8001/2001
WITH
CA/224/2009
In
FAST/7967/2001
2
WITH
CA/225/2009
In
FAST/8018/2001
WITH
CA/226/2009
In
FAST/7998/2001
WITH
CA/227/2009
In
FAST/8012/2001
WITH
CA/228/2009
In
FAST/7971/2001
WITH
CA/229/2009
In
FAST/7991/2001
WITH
CA/230/2009
In
FAST/7985/2001
WITH
CA/231/2009
In
FAST/8021/2001
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Office notes, office Memoranda of Court’s or
Coram,appearances, Court’s orders Judge’s
or directions and Registrar’s orders Orders
Mr. J.S.Gavhane, AGP, for the
applicant.
...
CORAM: K.U.CHANDIWAL, J.
DATE: 16/7/2009
P.C.:-
1.Heard learned A.G.P. In a common award,
there is delay of 218 days in seeking to challenge
the award in respective land references. The
State feels aggrieved by the enhancement. In LAR
No.1135/1987, the Special Land Acquisition Officer
awarded compensation of Rs.17,485/- while Reference
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Court awarded it to the tune of Rs.67,841/-. The
delay in making the applications is not deliberate.
The proposal for filing of the appeals was sent to
Law and Judiciary Department, after getting
necessary approval, it was allotted to the
concerned Law Officer for drafting the appeals.
The delay is sufficiently explained. It is
condoned. Applications allowed.
(K.U.CHANDIWAL)
agp/ca212-09gr
1 issue framed by the court
Whether delay of 218 days in filing appeals against land compensation awards can be condoned.
State
Applicant
K.U.CHANDIWAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court