Sureshrao S/O Kisanrao Zade And Another v. The State Of Maharashtra Through Collector, Amravati And Others

1 926 caf 2839.2019

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO. 2839 OF 2019 IN FIRST APPEAL NO. OF 2021 Sureshrao s/o Kisanrao Zade and anr.

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 533 days in preferring the appeal against the judgment and award dated 09.06.2017 in L.A.C. 205 of 2008.

2.

In view of the reasons stated in 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 they did not approach to the Court. In

2 926 caf 2839.2019 view of the decision of the Apex Court, the application is allowed. 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