Disposed

Dadarao Shamrao Biradar v. the State of Mah

Bombay HC13 Jul 2010CA/9457/2010

Case brief

AI extract

What is this about?

, the High Court condensed significant delays in filing applications to restore first appeals concerning land acquisition references, which had lapsed due to non-payment of court fees. The court allowed registration but conditioned relief by denying entitlement to interest on the enhanced compensation amount for the delay period.

What did the court decide?

Both civil applications for restoration were disposed of by registering the appeals and directing no interest on enhanced compensation for the delay period.

Dadarao Shamrao Biradar Vs the State of Mah — Land Acquisition | Bombay HC (2010)

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FARAD CONTINUATION SHEET NO.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD

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CIVIL APPLICATION NO. 9457/2010 IN

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FIRST APPEAL STAMP NO.17055/1996 Dadarao Shamrao Biradar Versus The State of Maharashtra WITH CIVIL APPLICATION NO. 9458/2010 IN FIRST APPEAL STAMP NO.17057/1996 Shivaji Gnyanoba Patil Versus The State of Maharashtra

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Mr. S.K. Adkine, Advocate for applicant. Mrs. S.D. Shelke, A.G.P. for respondent.

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PER COURT :

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1 Heard. 2 Both the applications seeking condonation of delay of 4914 days and 3935 days respectively, in filing of the applications for restoration of the first appeals that were refused registration long long back. The appeals were filed in time but the Court fee was not paid. The appellants were challenging judgments and awards passed in certain Land Acquisition References. The

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appellants did not deposit the Court fees and the appeals were not registered. The appellants, it seems, thereafter, could not approach the Court with an application for restoration and requisite Court fees. They belatedly came to this Court almost after ten years or more. Looking to the nature of the case, I am inclined to condone the delay on condition that the appellants shall not be entitled to interest on the enhanced amount if granted to them, ultimately in these appeals. The period between the date of filing and today, shall not be taken into consideration for calculating interest of enhanced compensation if granted to the appellants. The appeals be registered. The appellant shall submit original appeal memos and certified copies of the impugned awards and judgments within two weeks from today.

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3 Both civil applications disposed of.

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Date :13th July, 2010 [A.V. NIRGUDE, J.] tsk/

Dadarao Shamrao Biradar v. the State of Mah

Case brief

What is this about?

What did the court decide?

Dadarao Shamrao Biradar v. the State of Mah

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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