High Court of Bombay bench at Aurangabad condoned delay in filing first appeals regarding land acquisition compensation, allowing appeals to be registered while denying interest on enhanced amounts until the filing date.
Delay condoned; appeals registered; interest on enhanced compensation denied until filing date.
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.
ca1722.20.odt
IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD
CIVIL APPLICATION NO. 1722 OF 2020 IN FIRST APPEAL ST. NO. 38186 OF 2018
Dnyandeo Rangnath Mali & others
Applicants
Versus
The State of Maharashtra & others
Respondents
WITH
CIVIL APPLICATION NO. 1723 OF 2020 IN FIRST APPEAL ST. NO. 37876 OF 2018
Sahebrao Balwant Sabale (Deceased through LRs)
Applicants
Versus
The State of Maharashtra & others
Respondents
WITH
CIVIL APPLICATION NO. 1724 OF 2020 IN FIRST APPEAL ST. NO. 37874 OF 2018
Govardhan Apparao Sabale & others
Applicants
Versus
The State of Maharashtra & others
Respondents
Mr. M. K. Jadhav, Advocate holding for Mr. A. S. More, Advocate for the applicants. Mr. S. P. Sonpawale, AGP for the State.
CORAM : R. M. JOSHI, J. DATE :9th DECEMBER, 2022.
PER COURT :
ca1722.20.odt
facts of the case and in the interest of justice, delay caused in fling the appeals be condoned. The said contention is strongly opposed by learned AGP.
ca1722.20.odt
ca1722.20.odt
- 4 -
interest to the claimants on enhanced compensation, if any, till the
date of fling of appeal. Hence the order :-
ORDER
i) Applications stand allowed.
ii) Delay caused in preferring appeals stands condoned.
iii) Appeals be registered.
iv) Applicants are not entitled to receive any amount of interest on enhanced compensation upto the date of fling of appeal, if they succeed in the appeal.
v) Civil applications stand disposed of.
dyb
2 issues framed by the court
Whether condonation of delay in filing appeals for enhancement of compensation in land acquisition cases should be allowed despite financial difficulties.
Whether applicants are entitled to interest on enhanced compensation awarded if the appeals succeed.
Colour shows how this judgement treated each authority
Dhiraj Singh vs. State of Haryana and othersExplained¶5
(2014) 14 SCC 127 · Who else cites this
Imratlal and others vs. Land Acquisition, Collector, and othersExplained¶5
(2014) 14 SCC 133 · Who else cites this
Dnyandeo Rangnath Mali & others
Sahebrao Balwant Sabale (Deceased through LRs)
Govardhan Apparao Sabale & others
The State of Maharashtra
R. M. JOSHI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
