Allowed

Hanumant Chandrabhan Basad v. the State of Maharashtra and Another

Bombay HC18 Aug 2017CA/6788/2014

Case brief

AI extract

What is this about?

The High Court of Judicature at Bombay, in Fast/6119/2014, allowed civil applications for condonation of delay in filing first appeals against land acquisition awards. The court accepted the applicants' explanation of illiteracy and financial crisis as sufficient cause, subject to their undertaking to waive statutory interest benefits for the delayed period.

What did the court decide?

The applications for condonation of delay are allowed. The delay is condoned subject to the applicants furnishing an undertaking to waive claims for statutory benefits and interest for the delayed per

Hanumant Chandrabhan Basad Vs the State of Maharashtra and… — Land Acquisition | Bombay HC (2017)

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1 CA6778/14&Ors

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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 BENCH AT AURANGABAD

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8 CIVIL APPLICATION NO. 6778 OF 2014

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IN FAST/6119/2014 WITH CA/6779/2014 IN FAST/6262/2014
WITH CA/6780/2014 IN FAST/6260/2014 WITH CA/6781/2014
IN FAST/6264/2014 WITH CA/6782/2014 IN FAST/6252/2014
WITH CA/6783/2014 IN FAST/6234/2014 WITH CA/6788/2014
IN FAST/6231/2014 WITH CA/6789/2014 IN FAST/5926/2014

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GORAKH GANPATI BASAD

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VERSUS

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THE STATE OF MAHARASHTRA AND ANOTHER

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...

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Advocate for Applicant : Mr. Murge Estling S.
AGP for Respondents/State : Mr. S.P. Sonpawale
Advocate for Respondent No.2 : Mr. R.R. Irnale-Absent

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CORAM : K.K. SONAWANE, J.

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 DATE : 18TH AUGUST, 2017

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PER COURT :

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1.Heard learned counsel for the applicant/s and

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learned A.G.P. for the respondents. Learned counsel

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for respondent No.2 remained absent. Perused the

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applications and documents produced on record.

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2 CA6778/14&Ors

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2.Learned counsel for the applicant/s submits
that the Reference Petitions under Section 18 of the
Land Acquisition Act for enhancement of compensation
were filed before the Civil Judge, Senior Division,
Osmanabad, which came to be disposed of, but the said
order was not communicated to them by their lawyer. It
is further submitted that the lower Court granted very
less compensation to the applicants. According to the
learned counsel, the applicants are illiterate
persons. They are working on daily wages, therefore,
their financial position is not sound. They also do
not know the legal procedure to prefer an appeal. It
is further submitted that due to official procedure to
present the appeal, delay has been caused. Moreover,
thelearnedcounselsubmitsthatthe

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applicants/appellants will not claim statutory benefit
as well as interest amount as laid down in Land
Acquisition Act for the period of delay sought to be
condoned in case of success of appeal on merit. As
such, he prayed to condone the delay.

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Learned A.G.P. raised objection and submits

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3.

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3 CA6778/14&Ors

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that the reasons mentioned by the applicants for
condonation of delay are not sufficient and
considerable. Therefore, the Civil Applications may be
rejected.

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4.In view of the aforesaid submissions and for

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the reasons mentioned in the applications that the
applicants are rustic and illiterate persons having no
knowledge about the legal procedure as well as they
had a financial crisis, I find it justifiable to give
reasonable opportunity to the applicants-appellants in
the interest of justice to ventilate the grievances
before the Appellate Forum. There is no impediment to
condone the delay. There is sufficient cause to allow

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the applications for condonation of delay. In

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addition, the applicants/claimants have shown their
willingness/inclination that they will not claim

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statutory benefits as well as the interest amount as
laid down in the Land Acquisition Act, 1894 for the

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period of delay sought to be condoned. In such
circumstances, by imposing aforesaid fetter of waiver

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of statutory benefits on the part of applicants-

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4 CA6778/14&Ors

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appellants, there would not be any impediment to
condone the delay. The application for condonation of
delay deserves to be allowed.

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5.In sequel, applications stand allowed. The

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delay caused to present the appeal against the

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impugned Award stands condoned subject to condition
that applicants-appellants shall not claim statutory
benefits as well as amount of interest as laid down in
the Land Acquisition Act, 1894 for the delayed period

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allowed to be condoned, in case, any enhanced
compensation is awarded by this Court after
adjudication of appeal on merit.

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6.Pursuant to aforesaid waiver of statutory

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claim, the applicants-appellants shall furnish

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undertaking to that effect and place it on record of
the appeal to enable this Court to take note of the

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same, while decision of the appeal on merit. Registry

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to take requisite steps for further process.

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7.The applicants to take steps for further

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5 CA6778/14&Ors process in the First Appeals. Admit . On admission, learned A.G.P. waives service of notice on behalf of respondent No.1 – State. Issue notice of Appeal to respondent No.2.

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8.Appeals be listed for final hearing in due

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course.

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SRM/18/8/17

Hanumant Chandrabhan Basad v. the State of Maharashtra and Another

Case brief

What is this about?

What did the court decide?

Hanumant Chandrabhan Basad v. the State of Maharashtra and Another

Case brief

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What did the court decide?

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