Allowed

The Executive Engineer, Irrigation Project Division Jalna Thr G.M.I.D.C., Aurangabad v. Kaduba Pandharinath Kothale and Ors.

Bombay HC27 Mar 2019CA/4215/2019

Case brief

AI extract

What is this about?

The High Court at Aurangabad condoned a delay of 300 to 400 days in filing appeals concerning the enhancement of land acquisition compensation. The Court relied on Apex Court precedent to allow the applications on merits, subject to payment of costs.

What did the court decide?

Applications allowed subject to payment of costs of Rs. 5,000/- in each application within four weeks; appeals to be registered upon deposit of costs.

The Executive Engineer, Irrigation Project Division Jalna… — Land Acquisition | Bombay HC (2019)

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CA 4213/19 in FAST 3951/19 & others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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BENCH AT AURANGABAD

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940 CIVIL APPLICATION NO.4213 OF 2019
IN FAST/3951/2019 WITH CA/4214/2019 IN FAST/3951/2019
WITH CA/4215/2019 IN FAST/3946/2019 WITH CA/4216/2019 IN
FAST/3946/2019 WITH CA/4217/2019 IN FAST/3956/2019 WITH
CA/4218/2019 IN FAST/3956/2019 WITH CA/4219/2019 IN
FAST/3961/2019 WITH CA/4220/2019 IN FAST/3961/2019

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THE EXECUTIVE ENGINEER, IRRIGATION PROJECT DIVISION,
JALNA, THROUGH G.M.I.D.C., AURANGABAD
VERSUS

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VANKAR YADAVRAO PADOL AND ORS.

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...

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Advocate for Applicants : Shri Swami Mahesh C.
Advocate for respondent no.1: Shri R.J. Nirmal
AGP for Respondent nos.2 & 3: Shri G.O. Wattamwar

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PER COURT :

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1] Heard learned counsel for the applicants.

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2] Issue notice to respondents.

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3] Advocate Shri R.J. Nirmal submits that he has

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received instructions to appear for the claimants in
these matters and undertakes to file Vakalatnama within a

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week. Learned AGP waives service for the respondent

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nos.2 & 3.

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4] By consent, the applications are taken up for

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CA 4213/19 in FAST 3951/19 & others

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hearing.

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5]The applicants have taken out these applications for
condoning the delay in filing appeals, which is in the
range of 300 to 400 days. The delay is claimed to have
caused due to the reasons set out in detail in the
applications.

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6]In brief, it is the contention of learned counsel

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for the applicants that the delay caused in filing the
appeals was not deliberate, but resulted due to time
spent in securing necessary opinion and clearance from
higher authorities to file the appeals. In the process,
considerable time was spent, which resulted into delay in
filing the appeals. It is submitted that the appellants

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have a good case to succeed in the appeals. The Land
Acquisition Officer has awarded the compensation at the
rate of Rs.618/- per Aare, which has been enhanced to

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Rs.5,000/- per Aare by the Reference Court. It is submitted that in case the delay is not condoned, there is every likelihood that a meritorious matter may be rejected for technical reasons. The learned counsel, in support of the submission, referred and relied upon the decision of the Apex Court in the case of Collector, Land

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CA 4213/19 in FAST 3951/19 & others

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Acquisition, Anantnag v. Mst. Katiji (AIR 1987 SC 1353).

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7]On the other hand, learned counsel appearing for the

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respondent – claimants opposed the applications with
contention that the cause assigned is not sufficient to
condone the delay.

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8]Considering the submissions in the light of

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unchallenged pleadings made in the applications, the

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cause assigned for condonation of delay as well as the
grounds raised in the appeals, I am of the view that the

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delay deserves to be condoned. In the case of Collector, Land Acquisition, Anantnag v. Mst. Katiji (supra) , the Apex Court has observed that while dealing with the application seeking condonation of delay, the

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Court must adopt liberal approach. In case delay is not
condoned, there is every likelihood that meritorious

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matter may be rejected due to technical reasons.
Whereas, if delay is condoned, the matter can be decided
on its own merits. The loss caused to the other side on

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account of delay can be compensated in terms of money.

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Keeping in mind the broad principles laid down in the

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case of Collector, Land Acquisition, Anantnag v. Mst.

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Katiji (supra) and overall facts of the case and the

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CA 4213/19 in FAST 3951/19 & others

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reasons assigned, I am inclined to allow the applications
subject to payment of costs. Hence, the following

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order:-

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O R D E R

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A]The applications are allowed subject to
costs of Rs.5,000/- in each of the applications
to be payable within four weeks from the date

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of this order.

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B] On deposit of costs, the appeals be
registered and placed for admission on
29.4.2019.

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C]On deposit of costs, the respondent –
claimants in respective applications will be at
liberty to withdraw the costs deposited in
their respective applications.

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D]The applications are disposed of in above
terms.

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 (V.L. ACHLIYA, J.)

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ndk/ c2731918.doc

The Executive Engineer, Irrigation Project Division Jalna Thr G.M.I.D.C., Aurangabad v. Kaduba Pandharinath Kothale and Ors.

Case brief

What is this about?

What did the court decide?

The Executive Engineer, Irrigation Project Division Jalna Thr G.M.I.D.C., Aurangabad v. Kaduba Pandharinath Kothale and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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