High Court Bench at Nagpur condoned delays in filing first appeals and civil applications regarding a land acquisition case, restoring dismissed proceedings for final hearing on merits.
Delay in filing appeals and applications condoned; dismissed civil applications and appeals restored and admitted for final hearing.
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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24.01.ca639.11
IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR.
Civil Application (CAF) No.639/2011
in
First Appeal St. No. 895/2011
(Wasudeo Baldeo Jemati .vs. State of Maharashtra, through the Collector ,
Nagpur and another)
with
Civil Application (CAO) No.67/2012
in
MCA St. No. 67/2012
in
Rej. F.A. No. 378/2008
(The State of Maharashtra through its Collector, Nagpur .vs. Wasudeo Baldeo Jamati)
&
Civil Application N0.7264/2007
in
Rejected First Appeal No.378/2008.
(The State of Maharashtra through its Collector, Nagpur .vs. Wasudeo Baldeo Jamati)
Office Notes, Office Memoranda of Coram,
appearances, Court's orders or directions Court's or Judge's orders. and Registrar's orders
Mr.Najbile, Advocate for Applicant/Land Owner Mr. A.D. Sonak, AGP for Respondent/State.
CORAM : B.P.DHARMADHIKARI & P.D. KODE, JJ. DATED : JANUARY 24, 2012
Heard learned AGP for State of Maharashtra and Special Land Acquisition Officer and Advocate Mr. Najbile, for land owner.
Judgment dated 25.11.2005 delivered by Joint Civil Judge, Senior Division, Nagpur in Land Acquisition Case No. 258/2002 has been questioned by land owner
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24.01.ca639.11
as also by State Government in two separate proceedings before this Court. First Appeal Stamp No. 9155/2007 was filed by the State Government under Section 54 of the Land Acquisition Act on 6.6.2007 and as there was delay of about 446 days in filing that first appeal. Civil Application No. 7264/2007 came to be filed for condoning it. On 6.5.2008, this Court passed conditional orders in as many as 33 matters and Civil Application No. 7264/2007 was one of them. For not fulfilling that order and as time expired on 1.7.2008, civil application was declared dismissed by the end of 1.7.2008 vide orders of Registrar dated 18.10.2008. Civil Application No. 67/2012 has been filed by the State Government on 4.1.2012 along with M.C.A. Stamp No. 67/2012 for restoration of Civil Application No. 7264/2007 and Rejected First Appeal No.378/2008.
Land owner has filed appeal under Section 54 of the Land Acquisition Act on 12.1.2011 and CAF No. 639/2011 has been filed seeking condonation of delay of 1761 days in filing that first appeal. This Court issued notices in land owner’s first appeal on 16.3.2011 and thereafter matter was considered from time to time. On 22.11.2011 it was found that State Government had also filed first appeal. Rejection of that first appeal was when learnt by the office of the Government Pleader and on 15.12.2011 this Court directed both the matters to be placed together for consideration. After getting knowledge of rejection of its first appeal, State Government filed above mentioned Civil Application No. 67/2012.
In this view of the matter and developments
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24.01.ca639.11
noted above, both counsel fairly state that respective delays may be condoned and first appeals should be considered on merits.
We have already found that first appeal filed by the land owner is belated by more than four years. Appeal of the State Government was delayed by about 1½ years. In this situation, we grant prayers in Civil Application No.67/2012 and condone delay of 1252 days in filing MCA Stamp No. 67/2012. Office to register that M.C.A. Upon registration, for very same reason prayers made therein shall also stand granted and rejected First Appeal No. 378/2008 along with Civil Application No. 7264/2007 shall also stand restored. Prayer for condonation of delay of 446 days in Civil Application No. 7264/2007 stands granted and office to register First Appeal Stamp No. 9155/2007. After the first appeal is restored and registered, it shall stand admitted .
Mr. Najbile, waives notice for respondent/land
owner.
Similarly delay of 1761 days in filing First Appeal Stamp No. 895/2011 stands condoned. Office to register First Appeal Stamp No. 895/2011. Upon registration, that appeal shall also stand admitted .
Mr. A.D. Sonak, learned AGP waives notice for respondent in that appeal.
Office to place both first appeals for final hearing together.
JUDGE
JUDGE
halwai
2 issues framed by the court
Whether to condone delay in filing first appeal by land owner and State Government.
Whether to restore dismissed civil applications and admitted first appeals for final hearing.
1 provisions across 1 enactments
Wasudeo Baldeo Jamati
State of Maharashtra
B.P. Dharmadhikari
P.D. Kode
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
