The High Court rejected multiple writ petitions concerning land references filed under the Land Acquisition Act. The court held that the petitions were barred due to uncondoned delay, lack of provision for condonation in the special statute, and non-payment of court fees.
All writ petitions were rejected.
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.
FARAD CONTINUATION SHEET NO.:
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE SIDE
WRIT PETITION NOS.215 of 2009, 330/09,351/09, 352/09, 372/09,654/09,
656/09,658/09,662/09, 670/09,671/09,676/09,678/09, 2126/09
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Office Notes, Office Memoranda of : Court’s or Judge’s orders.
coram, appearances, Court’s orders :
or directions and Registrar’s :
orders. :
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Mrs Pallavi Potnis, for the petitioner.
Mr V.S.Gokhale, AGP, for the
respondents.
CORAM: S.B.MHASE & D.B.BHOSALE,JJ.
DATED: 20.02.2009
P.C.:
Heard both sides.
Admittedly the land references were
filed late by two days. There is no
application for condonation of delay and
there is no provision for condonation of
delay. The Land Acquisition Act is a
special statute, where delay cannot be
condoned. Apart from that while filing the
application, the court fee was not paid.
There was no application for postponement of
the court fee or asking for the time to pay
the same. The Land Acquisition Officer had
already rejected the application in 2002.
Thereafter, these writ petitions have been
filed by the petitioners. The petitions
also suffer from delay and latches. No
explanation has been given for filing such
petitions on a belated stage. All these
petitions are hereby rejected.
(D.B.BHOSALE,J.) (S.B.MHASE,J.)
1 issue framed by the court
Whether writ petitions filed under the Land Acquisition Act, which were delayed by two days without application for condonation and unpaid court fees, be allowed.
1 provisions across 1 enactments
The Petitioners
Respondents
S.B.MHASE
D.B.BHOSALE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court