Allowed

Bhagwan Dhansing Pardesi v. Special Land Acquisition Officer, Jalgaon and Anr.

Bombay HC15 Feb 2023CA/4303/2020

Case brief

AI extract

What is this about?

The High Court condoned a huge delay of 2660 days in filing a first appeal regarding land acquisition compensation. It allowed the appeal registration but denied the applicant any interest on enhanced compensation from the date of filing to the date of appeal decision.

What did the court decide?

Delay of 2660 days condoned; appeal registered; no interest awarded on enhanced compensation.

Bhagwan Dhansing Pardesi Vs Special Land Acquisition… — Land Acquisition | Bombay HC (2023)

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ca4303.20.odt

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD

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CIVIL APPLICATION NO. 4303 OF 2020 IN FIRST APPEAL ST. NO. 1886 OF 2019

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Bhagwan Dhansing Pardesi

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Applicant

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Versus

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Special Land Acquisition Offcer, Jalgaon & another

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Respondents

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Mr. J. R. Patil, Advocate holding for G. M. More, Advocate for the applicant.

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Mr. P. G. Borade, AGP for respondent No. 1.

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CORAM : R. M. JOSHI, J. DATE :15^th FEBRUARY, 2023.

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PER COURT :

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This is an application for condonation of delay of 2660 days occurred in fling the frst appeal.

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Heard learned counsel for the applicant and learned AGP for respondent No. 1. None appears for respondent No. 2/acquiring body. This shows that the said respondent is not serious for opposing the application.

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ca4303.20.odt

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It is the contention of the claimant/applicant that due to fnancial diffculties, the appeal for enhancement of compensation could not be fled in time. The other diffculties faced by him which were the cause for non-fling of the present appeal in time are elaborated in the application.

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Learned advocate for the applicant submitted that in facts of the case and in the interest of justice, delay caused in fling the appeal be condoned. The said contention is strongly opposed by learned AGP.

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It is settled position of law by the orders passed by the Hon’ble Apex Court that in case of land acquisition cases, the Court cannot take pedantic approach for condonation of delay and substantive rights of land owners cannot be allowed to be defeated on technical grounds. In this regard reference can be made to the judgments in the matter of Dhiraj Singh vs. State of Haryana and others reported in (2014) 14 SCC 127 and Imratlal and others vs. Land Acquisition, Collector, and others reported in (2014) 14 SCC 133 .

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ca4303.20.odt

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In a case where there is compulsory acquisition of the land, the claimant is entitled to receive adequate compensation. If he is aggrieved by the order passed by any authority, he has a right to prefer appeal against such order and to seek enhancement in accordance with law. This right cannot be denied on technicalities. The applicant herein has provided reason for not preferring appeal in time, which in absence of any malafdes deserves to be accepted. However, at the same time, appellant cannot be allowed to take advantage of the delay and respondents cannot be burdened with liability to pay interest on enhanced amount for the said period. In the circumstances, equity can be balanced by denying any amount of interest to the claimant on enhanced compensation, if any, till the date of fling of appeal. Hence the order :-

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ORDER

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i) Application is allowed.

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ii) Delay of 2660 days caused in preferring appeal stands condoned.

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iii) Appeal be registered.

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ca4303.20.odt

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iv) Applicant is not entitled to receive any amount of interest on enhanced compensation upto the date of fling of appeal, if he succeeds in the appeal.

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v) Civil application stands disposed of.

( R. M. JOSHI) Judge

dyb

ca4303.20.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD

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FIRST APPEAL ST. NO. 1886 OF 2019

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Bhagwan Dhansing Pardesi

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Appellant

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Versus

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Special Land Acquisition Offcer, Jalgaon & another Respondents

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Mr. J. R. Patil, Advocate holding for G. M. More, Advocate for the applicant.

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Mr. P. G. Borade, AGP for respondent No. 1.

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CORAM : R. M. JOSHI, J. DATE :15^th FEBRUARY, 2023.

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PER COURT :

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Heard.

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Issue notice to respondents returnable on 15^th March,

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Learned AGP waives service of notice on behalf of respondent

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No. 1.

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( R. M. JOSHI) Judge

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dyb

Bhagwan Dhansing Pardesi v. Special Land Acquisition Officer, Jalgaon and Anr.

Case brief

What is this about?

What did the court decide?

Bhagwan Dhansing Pardesi v. Special Land Acquisition Officer, Jalgaon and Anr.

Case brief

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What did the court decide?

What the court decided

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