LAWS(BOM)-2003-4-107

TUKARAM LAXMAN SHERKAR Vs. STATE OF MAHARASHTRA

Decided On April 25, 2003
TUKARAMLAXMANSHERKAR(D) THROUGH L.RS. Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) L. A. R. No. 110 of 1994 for enhancement of compensation in respect of the acquired land under the Land Acquisition Act, 1894 (the Act, for short )came to be decided by the learned civil Judge, Senior Division at Osmanabad on 22/03/1995 and against the said award, first appeal under stamp No. 8334 of 1996 came to be filed before this Court on 20/04/1996 along with an application for condonation of delay which was registered as Civil Application no. 5475 of 1997 and another application for stay, which came to be registered as Civil Application No. 5476 of 1997. This Application No. 5476 of 1997 was filed on 1 9/06/1997.

(2.) ON 20/03/1998 Rule, alongwith ad-interim stay in term of prayer clause (B) on the condition that the Applicant State would deposit an amount of Rs. 5 Lakhs within a period of eight weeks, was granted in civil Application No. 5476 of 1997. Whereas, on 21/07/1998 the learned a. G. P. sought time to explain the delay caused in submitting a proposal for filing an appeal to the State Government when Civil Application No. 5475 of 1997 for condonation of delay was taken up for hearing on 2 1/07/1998.

(3.) AS the conditional order, passed in Civil Application No. 5476 of 1997, was not complied with, the ad-interim order granted therein was vacated by order dated 21/07/1998 and the said application was disposed of by order dated 18/08/1998.