Dismissed

The State of Mah and Anr. v. Maroti Sadashiv Suryawanshi

Bombay HC7 Dec 2012CA/18409/2010

Case brief

AI extract

What is this about?

This judgment dismisses applications for condonation of delay and associated first appeals concerning land acquisition compensation. The court finds no convincing reasons for a three-year filing delay and, on merits, rejects the enhancement claims due to inappropriate sale instance considerations.

What did the court decide?

Applications for condonation of delay and First Appeals are dismissed.

The State of Mah and Anr. Vs Maroti Sadashiv Suryawanshi — Land Acquisition | Bombay HC (2012)

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD

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965 CIVIL APPLICATION NO. 13815 OF 2012 ,In FAST/36203/2010 ,With CA/13813/2012 ,In FAST/36168/2010 ,With CA/13814/2012 ,In FAST/36195/2010 ,With CA/13816/2012 ,In FAST/36201/2010 ,With CA/13817/2012 ,In FAST/36197/2010 ,With CA/13818/2012 ,In FAST/36199/2010 ,With CA/18406/2010 ,In FAST/36203/2010 ,With CA/18407/2010 ,In FAST/36197/2010 ,With CA/18408/2010 ,In FAST/36195/2010 ,With CA/18409/2010 ,In FAST/36168/2010 ,With CA/18410/2010 ,In FAST/36201/2010 ,With CA/18411/2010 ,In FAST/36199/2010

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WITH

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FIRST APPEAL STAMP NOS. 36203/2010 , FAST/36168/2010 FAST/36195/2010 FAST/36201/2010 FAST/36197/2010 FAST/36199/2010 FAST/36203/2010 FAST/36197/2010 FAST/36195/2010 FAST/36168/2010 FAST/36201/2010 FAST/36199/2010

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THE STATE OF MAHARASHTRA AND ANR VERSUS JANKIRAM BHAURAO SALUNKE DIED LR HIS SON SUKHDEV JANKIRAM SALUNKE

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... Advocate AGP	for for	Applicant : Mr. Respondents:	Kolse Patil Mr.	Madhukar B.J.S	G. onwane.
Mr.	V	G Aadv	Sakolkar	For	R/
... CORAM	:	S V	GANGAP	URWALA,	J.
Dated:		December	07,		2012

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PER COURT :-

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These are the applications for condonation of delay. The reasons given for the delay is that, though Law and Judiciary Department forwarded the proposal dated 31.3.2007 to Government Pleader’s Office and which was received by the G.P. office on 1.8.2007, Government Pleader drafted the appeal and same is filed. It would appear that proposal is received from the Law and

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A³

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD

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Judiciary on 1.8.2007, and still the appeal came to be filed in the year 2000. No explanation appears for non filing the appeal for these three years and only reason given is that after the appeals were drafted the documents for filing the appeal like typed copies of judgments, difference chart, E statement, Court fees etc. were not supplied and they were still awaited.

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There are no convincing reasons however, I am also considering the matter on merits. Small pieces of lands of the Non applicants are acquired i.e. admeasuring about 09 gunthas and 10 gunthas. Enhanced compensation is in the range of Rs.9,000/- to Rs.10,000/- except in one matter which is Rs.62,000/-.

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While granting said enhancement Reference court has considered sale instance of land which is within radius of one kilometer. Reference Court has also considered about the situation of the property i.e. main Bazar Peth at about 5 kilometers.

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Taking into account all the aforesaid facts, I am not inclined to entertain the present application and the First Appeals and same stands dismissed. First Appeals also stand dismissed.

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( S V GANGAPURWALA, J. )

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A³

The State of Mah and Anr. v. Maroti Sadashiv Suryawanshi

Case brief

What is this about?

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The State of Mah and Anr. v. Maroti Sadashiv Suryawanshi

Case brief

What is this about?

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What the court decided

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