Laxman S/O Newaji Sawarkar (Dead) Thr. Lrs. Smt. Sushilabai Wd/O Laxmanrao Sawarkar And Others v. The State Of Maharashtra Through Collector, Amravati And Others

1 925 caf 2813 of 2019

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO. 2813 OF 2019 IN FIRST APPEAL NO. OF 2021 Laxman s/o Newaji Sawarkar (dead) thr. LR's A. Smt. Sushilabai wd/o Laxmanrao Sawarkar and ors. vs.

State of Maharashtra, thr. Collector and ors. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri S.S. Shingane, Advocate for appellants.

Shri M.A. Kadu, A.G.P. for respondent nos. 1 to 3. CORAM : SMT. ANUJA PRABHUDESSAI, J.

DATED : 09/02/2021 The Applicants/Appellants herein have sought to condone the delay of 1354 days in preferring the appeal against the judgment and award dated 11.03.2015 in L.A.C. 275 of 2007.

2.

In view of the reasons stated in the paragraph 7 and 8 of the application, the delay is condoned. In Ningappa Thotappa Angadi (dead) thr. LR's vs. The Special Land Acquisition Officer and anr. in Civil Appeal No. 9415 of 2015, the Apex Court has followed the decision in case of Dhiraj Singh (dead) thr. LR's and ors. vs. State of Haryana and ors. and Imrat lal and ors. vs. land Acquisition Officer and ors. and has held that the substantive rights of the appellants should not be allowed to be defeated on technical grounds. It is held that in the matter of compensation for land acquisition, the approach of the Court has to be pragmatic and not pedantic. The Apex Court held that the equities can be balanced by denying the Appellant's interest for the period for which

2 925 caf 2813 of 2019 they did not approach to the Court. In view of the decision of the Apex Court, ted helay is condoned. The Applicants shall not be entitled for any interest for the delayed period of 1354 days i.e. from the date of the impugned judgment till the date of filing of the appeal.

3.

Application stands disposed of accordingly.

FIRST APPEAL NO. ________ OF 2021 Heard.

2.

ADMIT.

3.

Learned Assistant Government Pleader Shri M.A. Kadu waives notice on behalf of respondents.

4.

Call for the Records and Proceedings.

5.

Paper book to be filed within six months.

JUDGE Trupti