Disposed

Maharashtra Krishna Valley Development Corporation Thr. Executive Engineer Pune v. Genu Janu Kudale and Ors.

Bombay HC21 Nov 2024IA/14481/2024

Case brief

AI extract

What is this about?

Acquiring authority sought condonation of 219 days' delay in filing a first appeal against a land acquisition reference award and a stay of the impugned judgment. Delay was condoned; execution and operation of the judgment were stayed subject to deposit of the awarded amount with interest within eight weeks.

What did the court decide?

Delay of 219 days condoned; stay of impugned judgment granted subject to deposit of awarded amount with interest within eight weeks.

Maharashtra Krishna Valley Development Corporation Thr… — Land Acquisition | Bombay HC (2024)

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8-FAST-28625-2024.DOC

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Shephali

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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CIVIL APPELLATE JURISDICTION

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FIRST APPEAL (ST) NO. 28625 OF 2024

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Maharashtra Krishna Valley Development …Appellant Corporation Through Executive Engineer

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Versus

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Genu Janu Kudale & Ors …Respondents

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WITH

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INTERIM APPLICATION NO. 14482 OF 2024

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FIRST APPEAL (ST) NO. 28625 OF 2024 WITH

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INTERIM APPLICATION NO. 14481 OF 2024

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FIRST APPEAL (ST) NO. 28625 OF 2024

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SHEPHALI SANJAY MORMARE

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Digitally signed by SHEPHALI SANJAY MORMARE Date: 2024.11.22 19:19:17 +0530

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Mr Ashish Gabhale , i/b Jay & Co, for the Appellant/Applicant. Ms PH Potnis ,with Amrita Kharkar, for Respondent No. 1.

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CORAM: ARIF S. DOCTOR, J DATED: 21st November 2024

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PC:-

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INTERIM APPLICATION NO. 14481 OF 2024:

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This Interim Application filed for condonation of delay of 219 days in filing of the First Appeal.

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Page 1 of 3

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8-FAST-28625-2024.DOC

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Ms Potnis opposed the said Application by submitting that the delay is not sufficiently explained. She, however, does not want to file a formal Affidavit in Reply to oppose the Application.

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Given this and having considered the grounds for delay, it would be in the interest of justice to condone the delay and have the First Appeal be heard on merits.

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Interim Application is thus accordingly allowed in terms of prayer clause (a), which reads thus:

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“(a) This Hon’ble Court be pleased to condone the delay of 219 days occurred in filing present First Appeal.”

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INTERIM APPLICATION NO. 14482 OF 2024:

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This Interim Application is filed for stay of the impugned Judgment and Order dated 30th November 2023 passed under Section 18 of the Land Acquisition Act 1894 by the Small Causes Court, Pune by which the Reference Application filed by the Respondents came to be allowed.

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Mr Gabhale, Learned Counsel appearing on behalf of the Appellant has submitted that pursuant to the Award, the entire amount with accrued interest thereon will have to be deposited within a period of eight weeks. He thus prays for a stay on the operation of the Judgment and Award . Learned Counsel for Respondent No. 1, on instructions, does not oppose. She submits that in the event the deposit is not made within the prescribed time, the stay be vacated forthwith

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Page 2 of 3

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8-FAST-28625-2024.DOC

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without further reference to the Court and, additionally submits that, if the said amount is deposited, the Respondent shall be at liberty to file an Application for withdrawal of the said amount.

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Hence, the Interim Application is disposed of on the following terms:

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(a) The execution, operation and implementation of the impugned Judgment and Order dated 30th November 2023 passed by the Small Causes Court and Joint Civil Judge Senior Division, Pune in Land Acquisition Reference No. 224 of 2008, is stayed.

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(b) The Appellant to deposit the said amount as per the Judgment and Order dated 30th November 2023 within a period of eight weeks from today before the Trial Court.

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(c) In the event the amount is deposited, Respondent No. 1 shall be at liberty to file an appropriate Application seeking withdrawal of the amount, which Application shall be heard and disposed of on its own merits.

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(d) In the event the amount is not deposited in the Trial Court, the stay granted shall vacated forthwith.

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List the First Appeal for admission on 24th January 2025.

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(ARIF S. DOCTOR, J)

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Page 3 of 3

Maharashtra Krishna Valley Development Corporation Thr. Executive Engineer Pune v. Genu Janu Kudale and Ors.

Case brief

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What did the court decide?

Maharashtra Krishna Valley Development Corporation Thr. Executive Engineer Pune v. Genu Janu Kudale and Ors.

Case brief

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What did the court decide?

What the court decided

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