Disposed

Ramrao S/O Shripat Kakde v. the State of Maharashtra through the Collector, Buldhana and Others

Bombay HC8 Jan 2024CAF/2450/2022

Case brief

AI extract

What is this about?

Application to condone a 3972-day delay in filing a first appeal against a compensation award in a land acquisition matter. The court condoned the delay but barred statutory benefits, including interest on enhanced compensation, for the delayed period, and admitted the appeal.

What did the court decide?

Delay of 3972 days condoned; appeal registered and admitted; no statutory benefits including interest for the delayed period.

Ramrao S/O Shripat Kakde Vs the State of Maharashtra through… — Land Acquisition | Bombay HC (2024)

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2024:BHC-NAG:234

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1 20.caf.2450.2022

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

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CIVIL APPLICATION (CAF) NO. 2450 OF 2022 IN FIRST APPEAL (St.) NO. 14089 OF 2022 Ramrao S/o. Shripat Kakde .VS.

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The State of Maharashtra, through Collector, Buldhana 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 S. V. Ingole, Advocate for the appellant Mr Ganesh Umale AGP for the State/respondent Nos. 1 and 2 Mr N. M. Gaidhane, Advocate for respondent No. 3

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CORAM : G.A. SANAP, J. DATE : JANUARY 08, 2024.

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Heard learned advocates for the parties.

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This is an application for condonation of 3972 days delay caused in filing appeal against impugned judgment and award, dated 31.07.2009 passed by the Civil Judge Senior Division, Buldhana. The reasons have been stated in the application.

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Learned Advocates for the respondents relying upon a decision in the case of New Okhla Industrial Development Authority Vs. Rameshwar @ Ramesh Chandra Sharma (Dead), through Legal Heir and another (2022 SCC Online SC 1599) , submits that delay may be condoned, subject to

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2 20.caf.2450.2022

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condition that the original land owner/claimant/appellant herein shall not be entitled to get any statutory benefits, including the interest payable under the Land Acquisition Act, 1894 on the enhanced amount of compensation for the delayed period.

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Learned advocate for the applicant/appellant submits that the Court may pass an appropriate order.

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In view of the above, the application is allowed. Delay of 3972 days caused in filing appeal stands condoned.

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It is made clear that the original land owner/ claimant/appellant 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 of 3972 days, in case the appeal is allowed.

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The appeal be registered.

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The application stands disposed of, accordingly.

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F IRST APPEAL (ST.) NO. 14089 OF 2022

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Heard.

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ADMIT.

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

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Learned Advocate Mr. N. M. Gaidhane waives

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3 20.caf.2450.2022

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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. If the paper book is not filed within twelve weeks the matter shall stand dismissed without further reference to the Court.

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(G. A. SANAP, J.)

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Namrata

Ramrao S/O Shripat Kakde v. the State of Maharashtra through the Collector, Buldhana and Others

Case brief

What is this about?

What did the court decide?

Ramrao S/O Shripat Kakde v. the State of Maharashtra through the Collector, Buldhana 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

Statutes considered

Parties & counsel

Coram

Case details

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