Allowed¶17

Namdev Manika Boinwad v. the State of Maharashtra and Ors.

Bombay HC5 May 2025CA/6352/2022

Case brief

AI extract

What is this about?

Condonation of delay 134 days; First Appeal FAST/2291/2020; enhancement of compensation; Land Acquisition Act; financial constraints as ground; interest and statutory benefits withheld for delayed period; Bombay High Court Aurangabad Bench; Neeraj P. Dhote, J.; Civil Application No.6352 of 2022; order dated 05.05.2025; application allowed in terms of prayer clause 'B' and disposed of.

What did the court decide?

Delay of 134 days in preferring the First Appeal condoned in terms of prayer clause 'B'; however, the Applicant is not entitled to interest and statutory benefits for the delayed period. Copy of the order to be kept on the order sheet of the Appeal Memo; application disposed of accordingly. ¶17

Namdev Manika Boinwad Vs the State of Maharashtra and Ors. — Land Acquisition | Bombay HC (2025)

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2025:BHC-AUG:13307

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD.

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24 CIVIL APPLICATION NO.6352 OF 2022
 IN FAST/2291/2020

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Namdev Manika Boinwad

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Versus

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The State of Maharashtra And Ors

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Shri. Laxmikant C. Patil, Advocate for the Applicant
Shri. R. B. Dhaware, AGP for Respondent Nos.1 & 2 / State.

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CORAM : NEERAJ P. DHOTE, J.
Dated : MAY 05, 2025

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PER COURT :-

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. This is the Application by the Orig. Claimant for condonation of
134 days delay in preferring the First Appeal for further enhancement of
compensation amount under the Land Acquisition Act.

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2.It is submitted by the learned Advocate for the Applicant that due
to financial constraints, the Applicant could not prefer the Appeal within
the stipulated time. He submits that the delay may be condoned and the
Application may be allowed.

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3.The learned AGP for Respondent Nos.1 and 2 / State submits that
appropriate orders may be passed.

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4. None for Respondent No.3 – Acquiring Body, though served.

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5.On hearing the learned Advocate for the Applicant and the
learned AGP for the State and for the reasons mentioned in paragraph

¶16

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nos.3 to 5 of the Application, the Application is allowed in terms of
prayer clause ‘B’. The Applicant shall not be entitled to interest and
statutory benefits for the aforesaid delayed period. Copy of this order be
kept in the order sheet of the Appeal Memo. Application stands
disposed off accordingly.

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( NEERAJ P. DHOTE, J. )

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GGP

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Signed by: Gajanan G. Punde Designation: PA To Honourable Judge Date: 06/05/2025 20:21:35

Namdev Manika Boinwad v. the State of Maharashtra and Ors.

Case brief

What is this about?

What did the court decide?

Namdev Manika Boinwad v. the State of Maharashtra and Ors.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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