Allowed

The State of Maharashtra through Collector, Nagpur and 2 Others v. Anant S/O Manikrao Dhavad

Bombay HC2 May 2024CAF/1187/2024

Case brief

AI extract

What is this about?

The one-judge bench allowed applications filed by claimants seeking to withdraw the balance compensation deposited by the State. Relying on the finality of a previous order refusing to register State appeals without a challenge, the court relaxed the surety condition and permitted withdrawal with interest upon undertaking.

What did the court decide?

Counsel for the State's order refusing to register appeals was deemed final. Claimants were permitted to withdraw the balance compensation deposit along with interest upon filing a usual undertaking,

The State of Maharashtra through Collector, Nagpur and 2… — Land Acquisition | Bombay HC (2024)

¶1

2024:BHC-NAG:5203

¶2

1 caf 1186 to 1194.24.odt

¶3

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

¶4

Civil Application (CAF) No. 1187 of 2024 in First Appeal St. No. 23957 of 2015 (D) [The State of Maharashtra through Collector, Nagpur and ors. ..vs.. Shri Anant s/o Manikrao Dhawad] with Civil Application (CAF) No. 1193 of 2024 in First Appeal St. No. 24210 of 2015 (D)

¶5

[The State of Maharashtra through Collector, Nagpur and ors. ..vs.. Shri Shriram S/o Madhavrao Raut] with

¶6

Civil Application (CAF) No. 1188 of 2024 in First Appeal St. No. 25176 of 2015 (D) [The State of Maharashtra through Collector, Nagpur and ors. ..vs.. Sheshrao Santoshrao Choudhari (dead) through L.Rs. Inubai Sheshrao Chaoudhari and ors.] with Civil Application (CAF) No. 1189 of 2024 in First Appeal St. No. 24056 of 2015 (D)

¶7

[The State of Maharashtra through Collector, Nagpur and ors. ..vs.. Shri Arun S/o Narayan Dakhole] with

¶8

Civil Application (CAF) No. 1186 of 2024 in First Appeal St. No. 25208 of 2015 (D) [The State of Maharashtra through Collector, Nagpur and ors. ..vs.. Namdeorao Pundlikrao Gedam (dead) through L.Rs. Shakuntalabai Namdeorao Gedam and ors.] with Civil Application (CAF) No. 1192 of 2024 in First Appeal St. No. 25206 of 2015 (D) [The State of Maharashtra through Collector, Nagpur and ors. ..vs.. Shri Santosh S/o Bhanji Lawankar] with Civil Application (CAF) No. 1190 of 2024 in First Appeal St. No. 24023 of 2015 (D)

¶9

[The State of Maharashtra through Collector, Nagpur and ors. ..vs.. Shri Govinda S/o Kothiram Yenurkar]

¶10

with

¶11

Civil Application (CAF) No. 1191 of 2024 in First Appeal St. No. 25203 of 2015 (D)

¶12

[The State of Maharashtra through Collector, Nagpur and ors. ..vs.. Shri Madhukar S/o Bhaiyaji Chinchmalatapure]

¶13

with

¶14

Civil Application (CAF) No. 1194 of 2024 in First Appeal St. No. 24043 of 2015 (D)

¶15

[The State of Maharashtra through Collector, Nagpur and ors. ..vs.. Smt. Indirabai w/o Bhagwatrao Gayakwad]

¶16

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

¶17

- - - - Mr. C. R. Najbile, Advocate for the applicant/s /original respondents Ms. D. V. Sapkal, AGP for the State/appellants

¶18

CORAM : ANIL L. PANSARE J

¶19

DATED : 02-05-2024

¶20

Vide order dated 24-1-2024, this Court has rejected the applications filed by the State of Maharashtra seeking to condone delay ranging from 800 to 900 days in filing appeals against the award passed in land acquisition cases. While doing so, the claimants,

¶21

2 caf 1186 to 1194.24.odt

¶22

who are before the Court, were permitted to withdraw the balance amount of compensation deposited by the State, upon filing solvent surety to the satisfaction of the Registrar(Judicial).

¶23

Learned counsel for the applicants/claimants submits that the State has not challenged this order and, therefore, has attained finality. In that sense, the refusal to register first appeals has attained finality. Consequently, learned counsel submits that the claimants are entitled to receive the amount of compensation deposited by the State with this Court. The condition of filing solvent surety may be relaxed accordingly.

¶24

In view of the above and for the reasons set out in the applications, the applications are allowed. Condition imposed by this Court directing claimants to file solvent surety to withdraw the balance amount of compensation is relaxed. The claimants are permitted to withdraw the balance amount along with interest accrued thereon, upon furnishing usual undertaking.

¶25

The applications are disposed of in above terms.

¶26

(Anil L. Pansare, J.)

¶27

wasnik

The State of Maharashtra through Collector, Nagpur and 2 Others v. Anant S/O Manikrao Dhavad

Case brief

What is this about?

What did the court decide?

The State of Maharashtra through Collector, Nagpur and 2 Others v. Anant S/O Manikrao Dhavad

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Mahadeo S/O Narayan Lende Vs Purshottam S/O Narayan Ramteke

Shankar Linganna Gonelwar Vs the State of Maharashtra through Collector, Chandrapur and Others

Hiraman Jagobaji Khobragade and Ors. Vs Ghanshyam Bisen Gajbhiye and Ors.

Shri Subhash S/O Uttamrao Brahmapurikar Vs Jaihind Co-Op. Housing Society, Thr. Pres. Shri Mahesh S/O Shrawan Charde and Others

The State of Maha., through Collector, Nagpur and Others Vs Smt. Indirabai W/O. Bhagvatrao Gayakwad

Chandrakant Vijaykumar Vekhande vs Smt. Suchita Wd/O Vinod Vitonde and Others