Allowed

Shahnajbi D/O Sk. Ahmed v. the State of Maharashtra Thr Collector, Jalna and Ors.

Bombay HC16 Aug 2024CA/14031/2022

Case brief

AI extract

What is this about?

The High Court allowed multiple civil applications jointly filed to condone delay in filing first appeals against land acquisition awards. The Court accepted economic hardship and the pandemic as sufficient reasons for the delay, discharging applicants from liability for interest on awards only if they specified in an undertaking.

What did the court decide?

Civil applications allowed; delay condoned subject to undertaking not to claim interest or statutory benefits for the delayed period.

Shahnajbi D/O Sk. Ahmed Vs the State of Maharashtra Thr… — Land Acquisition | Bombay HC (2024)

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2024:BHC-AUG:18311

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ca 14028.22+.odt

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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1052 CIVIL APPLICATION NO. 14028 OF 2022 IN FAST/21331/2022

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Ankush Baburao Bhalekar

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VERSUS

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The State Of Maharashtra Thr Collector, Jalna And Ors

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AND

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1053 CIVIL APPLICATION NO. 14031 OF 2022 IN FAST/21347/2022

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Shahnajbi D/o Sk. Ahmed

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VERSUS

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The State Of Maharashtra Thr Collector, Jalna And Ors

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AND

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1054 CIVIL APPLICATION NO. 14033 OF 2022 IN FAST/21318/2022

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Prabhakar Godhaji Nichal

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VERSUS

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The State Of Maharashtra Thr Collector, Jalna And Ors

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AND

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1055 CIVIL APPLICATION NO. 14057 OF 2022 IN FAST/21343/2022

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Sk. Shakil S/o Sk. Ahmed

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VERSUS

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The State Of Maharashtra Thr Collector, Jalna And Ors

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AND

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1056 CIVIL APPLICATION NO. 14118 OF 2022 IN FAST/21328/2022

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Janabai W/o Prabhakar Nichal

ca 14028.22+.odt

VERSUS

The State Of Maharashtra Thr Collector, Jalna And Ors

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AND

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1057 CIVIL APPLICATION NO. 14119 OF 2022 IN FAST/21364/2022

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Taherabi W/o Sk. Ahamad (died) Thr Lrs Sk. Ahamad Sk. Sardar And Ors

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VERSUS

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The State Of Maharashtra Thr Collector, Jalna And Ors

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AND

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1058 CIVIL APPLICATION NO. 14603 OF 2022 IN FAST/21401/2022

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Dashrath Parasram Sonsale (died) Thr Lrs Gangadhar Dashrath Sonsale

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VERSUS

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The State Of Maharashtra Thr Collector, Jalna And Ors

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Advocate for Applicant : Mr. O S Shendkar h/f Mr. S.M. Kakde AGP for Respondents: Mr. K S Patil / K B Jadhavar / R R

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Tandale

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(in all applications)

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AND

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1060 CIVIL APPLICATION NO. 15202 OF 2022 IN FAST/26747/2022

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Sanjay Mohan Jadhav And Another

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VERSUS

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The State Of Maharashtra Through Collector, Jalna And Others

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Advocate for Applicant : Mr. O S Shendkar h/f Mr. S.M. Kakde Mr. S B Jadhav AGP for respondent State.

AND

ca 14028.22+.odt

1061 CIVIL APPLICATION NO. 15204 OF 2022

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IN FAST/26751/2022

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Ganesh Tukaram Jadhav

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VERSUS

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The State Of Maharashtra Through Collector, Jalna And Others

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… Advocate for Applicant : Mr. O S Shendkar h/f Mr. S.M. Kakde AGP for Respondents: R R Tandale

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AND

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1062 CIVIL APPLICATION NO. 15206 OF 2022 IN FAST/26755/2022

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Ramdhan Sukhlal Jadhav

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VERSUS

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The State Of Maharashtra Through Collector, Jalna And Others

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Advocate for Applicant : Mr. O S Shendkar h/f Mr. S.M. Kakde AGP for Respondents: Mr. A V Lavte

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AND

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1063 CIVIL APPLICATION NO. 15208 OF 2022 IN FAST/26743/2022

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Dinesh Tukaram Jadhav

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VERSUS

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The State Of Maharashtra Through Collector, Jalna And Others

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Advocate for Applicant : Mr. O S Shendkar h/f Mr. S.M. Kakde AGP for Respondents: Mr. K S Patil

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AND

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1064 CIVIL APPLICATION NO. 16457 OF 2022 IN FAST/26456/2022

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Vitthal Asaram Jadhav

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VERSUS

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The State Of Maharashtra Through Collector, Jalna And Others

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ca 14028.22+.odt

¶77

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Advocate for Applicant : Mr. O S Shendkar h/f Mr. S.M. Kakde AGP for Respondents: Mr. K B Jadhavar

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AND

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1065 CIVIL APPLICATION NO. 16459 OF 2022

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IN FAST/26469/2022

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Vishnu S/o Trimbak Jadhav

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VERSUS

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The State Of Maharashtra Thr Collector, Jalna And Ors

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Advocate for Applicant : Mr. O S Shendkar h/f Mr. S.M. Kakde AGP for Respondents: Mr. S B Jadhav

¶86

AND

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1066 CIVIL APPLICATION NO. 16464 OF 2022 IN FAST/26513/2022

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Bhaurav Bhujangrao Nanavte

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VERSUS

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The State Of Maharashtra Thr Collector, Jalna And Ors

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Advocate for Applicant : Mr. O S Shendkar h/f Mr. S.M. Kakde AGP for Respondents: R R Tandale

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AND

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1067 CIVIL APPLICATION NO. 16800 OF 2022 IN FAST/26761/2022

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Asaram Dagdu Jadhav (died) Thr Lrs. Gopabai Asaram Jadhav And Ors

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VERSUS

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The State Of Maharashtra Through Collector, Jalna And Others

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Advocate for Applicant : Mr. O S Shendkar h/f Mr. S.M. Kakde AGP for Respondents: Mr. A V Lavte

ca 14028.22+.odt

AND

1068 CIVIL APPLICATION NO. 16809 OF 2022 IN FAST/27329/2022

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Arjun Pandurang Jadhav

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VERSUS

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The State Of Maharashtra Thr Collector, Jalna And Ors

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Advocate for Applicant : Mr. O S Shendkar h/f Mr. S.M. Kakde AGP for Respondents: Mr. K S Patil

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CORAM : S. G. CHAPALGAONKAR, J. Dated : August 16, 2024

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PER COURT :-

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Heard learned advocates appearing for the applicants and the learned AGP in all civil applications.

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The applicants seek to condone the delay caused in filing the appeal/s against the award passed by the Reference Court. The applicants are seeking enhancement of the compensation.

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Learned advocate appearing for the applicants invites attention of this Court to the reasons as stated in the application and submits that due to economical barrier coupled with period of Covid-2019, they could not approach this Court within specific time. Delay caused in filing the appeal/s is not intentional. The applicants are litigating for just compensation towards their acquired lands. Consequently, they seek to condone the delay caused in filing the appeal.

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ca 14028.22+.odt

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Learned AGP appearing for respondents-State authorities vehemently opposed the application.

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Considering the submissions advanced, apparently, the applicants have not derived any advantage by making delay. They are litigating for adequate compensation towards the acquired lands. Sufficient reasons are given for delay in approaching this Court. In that view of the matter, the applications can be allowed subject to certain conditions. Hence, order.

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O r d e r

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i. Civil applications are allowed.

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ii. Delay caused in filing the first appeal/s is condoned subject to condition that applicants should file an undertaking with the Registrar (Judicial) of this Court to the effect that they would not claim interest and other statutory benefits for delayed period, in case, they succeed in appeal/s and enhanced compensation is awarded.

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iii Civil Applications stand disposed off in aforesaid terms.

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( S. G. CHAPALGAONKAR, J. )

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aaa-

Shahnajbi D/O Sk. Ahmed v. the State of Maharashtra Thr Collector, Jalna and Ors.

Case brief

What is this about?

What did the court decide?

Shahnajbi D/O Sk. Ahmed v. the State of Maharashtra Thr Collector, Jalna and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

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