Allowed

Sahebrao Nana Korde v. the State of Maharashtra Thr Land Acquisition Officer, Aurangabad and Anr.

Bombay HC21 Dec 2017CA/3823/2017

Case brief

AI extract

What is this about?

High Court of Judicature at Bombay Bench at Aurangabad allowed condonation of delay in filing a first appeal against a land acquisition award, subject to the condition that the applicant is not entitled to interest or other statutory benefits for the delayed period.

What did the court decide?

Delay in filing the first appeal is condoned. Applicant is not entitled to interest or other statutory benefits for the period of delay.

Sahebrao Nana Korde Vs the State of Maharashtra Thr Land… — Land Acquisition | Bombay HC (2017)

¶1

916 delay.odt

¶2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

¶3

916 CIVIL APPLICATION NO. 3823 OF 2017

¶4

IN FAST/2781/2017

¶5

SAHEBRAO NANA KORDE

¶6

VERSUS

¶7

THE STATE OF MAHARASHTRA THR LAND ACQUISITION OFFICER,
AURANGABAD AND ANR

¶8

...

¶9

Advocate for Applicant : Mr. Adkine Sonaji K.
AGP for Respondent No. 1 : Mr. A.M. Phule.

¶10

CORAM: K. L. WADANE, J.

¶11

 DATE:21st December, 2017

¶12

ORDER:

¶13

1. This is an application for condonation of delay.

¶14

Perused the contents of the application. It appears
that the applicant was prevented from certain causes
such as financial constrain. Therefore, he was unable
to prefer the appeal within prescribed period of
limitation.

¶15

2. Learned counsel appearing for the respondent has
opposed the application, as the delay has not been
explained satisfactorily.

¶16

3. In view of the observations made by the Supreme

¶17

Court in the case of Ramanlal Deochand Shah Vs. State of
Maharashtra and another, reported in AIR 2013 SC 3452, the
delay can be condoned on the condition that in case the

¶18

1/2

¶19

916 delay.odt

¶20

appellant/s succeed/s in the first appeal, then they/he will
not be entitled for the amount of interest on monetary
benefits and/or other statutory benefits for the period of
delay and it is accordingly condoned.

¶21

4. In view of the above, delay caused in filing the

¶22

appeal is hereby condoned. The applicant shall not be
entitled for the amount of interest, other statutory
benefits for the period for which the delay is sought
to be condoned.

¶23

5. Civil application is accordingly disposed of.

¶24

6. First Appeal be registered. After registration
of Appeal, issue notice to the respondents. The learned
A.G.P. appearing for the respondents waives service of
notice for the respondent No. 1.

¶25

7. Against the Award passed by the Reference Court,

¶26

the respondent/State has also presented appeal bearing
First Appeal no. 1792/2008 and same is admitted and
pending for hearing.

¶27

8. Call record and proceedings.

¶28

mkd

¶29

2/2

Sahebrao Nana Korde v. the State of Maharashtra Thr Land Acquisition Officer, Aurangabad and Anr.

Case brief

What is this about?

What did the court decide?

Sahebrao Nana Korde v. the State of Maharashtra Thr Land Acquisition Officer, Aurangabad and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

United India Insurance Co. Ltd, Thr Its Adm Officer Shri Mahendra P Virat, Aurangabad Vs Rekha Sanjay Dhembre and Ors.

M.S.R.T.C. Dhule Thr Its Div. Controller, Dhule Vs Santosh Devidas Dhondde and Anr.

M.S.R.T.C. Dhule Thr Its Div. Controller, Dhule Vs Santosh Devidas Dhondde and Anr.

Namdev Sitaram Attarde (Mahajan) Vs the Special Land Acquisition Officer, U.T.P.H. NO-1, Jalgaon and Ors.

The State of Maharashtra and Anr. Vs Rangnath Jagannath Shelke

The State of Maharashtra and Anr. Vs Rangnath Jagannath Shelke