Disposed¶13

Pandurang Shrawan Kawale (DEAD0 Thr. Lrs. Tejrao S/O Pandurang Kawale and Others v. the State of Maharashtra, Thr. the Collector, Nagpur and Others

Bombay HC11 Feb 2025CAF/444/2025

Case brief

AI extract

What is this about?

Condonation of delay; 2259 days; Section 54 Land Acquisition Act 1894; First Appeal (ST); Nagpur Bench, Bombay High Court; Rohit W. Joshi, J.; interest barred for delayed period; market value and statutory benefits; land acquisition compensation; appeal admitted; Records & Proceedings called. Single-judge order disposing of a delay-condonation application and admitting the accompanying First Appeal.

What did the court decide?

Delay of 2259 days in filing the First Appeal condoned, subject to the Appellant not being entitled to interest for the delayed period on the amount of compensation (market value and statutory benefits); Civil Application disposed of; First Appeal (ST) No. 24327 of 2024 admitted and ordered to be registered. ¶13

Pandurang Shrawan Kawale (DEAD0 Thr. Lrs. Tejrao S/O… — Land Acquisition | Bombay HC (2025)

What the court decided

AI extract

Outcome

¶13

Issue for consideration

Whether the delay of 2259 days in filing the appeal under Section 54 of the Land Acquisition Act, 1894 ought to be condoned. +1 more

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Court's answer

The delay of 2259 days in filing the appeal was condoned in the interest of justice because the claim pertains to the acquisition of land.

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Ratio / Principle

Condonation was granted subject to the condition that the Appellant will not be entitled for interest for the delayed period on the amount of compensation, i.e., market value and statutory benefits.

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Key takeaways

The Court observed that the condition imposed takes care of the interest of Respondent No.3.obiter¶12
The Court heard the parties and admitted the First Appeal (ST) No. 24327 of 2024, calling for the Records & Proceedings (R & P).ratio¶17
The First Appeal was directed to be registered.ratio¶15

Detailed headnote1 paragraphs

Civil Application (CAF) No. 444 of 2025 in First Appeal (ST) No. 24327 of 2024 (Pandurang Shrawan Kawale (dead) through L.Rs. v. The State of Maharashtra & Ors.), High Court of Judicature at Bombay, Nagpur Bench (Rohit W. Joshi, J.), decided 11 February 2025. The Applicants/Appellants sought condonation of 2259 days' delay in filing an appeal under Section 54 of the Land Acquisition Act, 1894. Counsel for Respondent No.3 opposed the application. The Court condoned the delay in the interest of justice, holding that the claim pertains to the acquisition of land, but subject to the condition that the Appellant will not be entitled to interest for the delayed period on the amount of compensation, i.e., market value and statutory benefits; the condition was observed to take care of the interest of Respondent No.3. The Civil Application stood disposed of accordingly. The First Appeal was heard and admitted, ordered to be registered, and Records & Proceedings called for.

Pandurang Shrawan Kawale (DEAD0 Thr. Lrs. Tejrao S/O Pandurang Kawale and Others v. the State of Maharashtra, Thr. the Collector, Nagpur and Others

Case brief

What is this about?

What did the court decide?

Pandurang Shrawan Kawale (DEAD0 Thr. Lrs. Tejrao S/O Pandurang Kawale and Others v. the State of Maharashtra, Thr. the Collector, Nagpur and Others

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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