Allowed

Rukhamabai Pandurang Akkalwar v. the State of Maharashtra, Represented by the Collector, Yavatmal and Others

Bombay HC16 Apr 2024CAF/1140/2024

Case brief

AI extract

What is this about?

Application for condonation of a 1256-day delay in filing an appeal against a land acquisition compensation award. The court allowed the application and condoned the delay, directing that no statutory benefits, including interest on enhanced compensation for the delayed period, be payable per Supreme Court precedent.

What did the court decide?

Delay of 1256 days in filing the appeal condoned; first appeal directed to be registered; paper book within twelve weeks.

Rukhamabai Pandurang Akkalwar Vs the State of Maharashtra… — Land Acquisition | Bombay HC (2024)

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2024:BHC-NAG:4341

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1 2 caf 1140.24.odt.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR.

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CIVIL APPLICATION (CAF) NO. 1140 OF 2024 IN

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FIRST APPEAL (St.) NO. 1109 OF 2024

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Rukhamabai Pandurang Akkalwar .VS. State of Maharashtra and others

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_______________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders. and Registrar's Orders.

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Mr A. B. Nakshane, Advocate for the appellants Ms Sonia Thakur, AGP for respondent Nos. 1 and 2/State Ms Mallika Babhulkar, Advocate h/f Mr. M. A. Kadu, Advocate for respondent No.3.

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CORAM : G.A. SANAP, J. DATE : 16th APRIL, 2024.

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Heard.

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This is an application for condonation of 1256 days delay caused in filing appeal against impugned judgment and award, dated 16/03/2018 passed by the Joint Civil Judge (Sr. Dn.) Yavatmal in L.A.C. No.411/2013. The reasons have been stated in the application. In view of the reasons, the application is allowed.

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Delay of 1256 days caused in filing appeal stands condoned.

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It is made clear that in view of the decision in the case of New Okhla Industrial Development Authority Vs. Rameshwar @ Ramesh Chandra Sharma

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2 2 caf 1140.24.odt.

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(Dead), through Legal Heir and another (2022 SCC Online SC 1599) , the original land owners/ claimants/appellants herein shall not be entitled to get any statutory benefits, including the interest payable under the Land Acquisition Act on the enhanced amount of compensation for the delayed period, in case the appeal is allowed.

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The first appeal be registered.

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The civil application stands disposed of, accordingly.

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FIRST APPEAL (St.) NO. 1109 OF 2024

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Heard.

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Learned AGP waives service of notice on behalf of respondent Nos. 1 to 2.

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Learned Advocate Ms Mallika Babhulkar waives service of notice on behalf of respondent No. 3.

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Call for record and proceedings.

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Paper book be filed within twelve weeks from the date of receipt of record and proceedings.

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(G. A. SANAP, J.)

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manisha

Rukhamabai Pandurang Akkalwar v. the State of Maharashtra, Represented by the Collector, Yavatmal and Others

Case brief

What is this about?

What did the court decide?

Rukhamabai Pandurang Akkalwar v. the State of Maharashtra, Represented by the Collector, Yavatmal and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

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Coram

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