Madhya Pradesh High Court
The State Of Madhya Pradesh vs Smt. Geeta Devi on 2 January, 2023
Author: Gurpal Singh Ahluwalia
Bench: Gurpal Singh Ahluwalia
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
FA No. 422 of 2021
(THE STATE OF MADHYA PRADESH AND OTHERS Vs SMT. GEETA DEVI)
Dated : 02-01-2023
Shri Devesh Jain, learned Government for the appellants/State.
Shri Ashok Kumar Singh, learned counsel for the respondent.
Heard on IA No. 3484/2021, an application for condonation of delay. It is submitted by counsel for the appellants that because of procedural formalities the appeal could not be filed within stipulated period, therefore, the appeal has been filed with a delay of 103 days. Since, the State has to function through its functionaries and the file has to move from table to table and although it may not be a good ground for condonation of delay but looking to the practical aspect of the matter a lenient view may be adopted.
The application is vehemently opposed by the counsel for the respondent.
Considering the fact that the State has to function through its functionary and several procedural formalities are required to be completed before filing an appeal, therefore, by adopting a lenient view, the delay in filing the present appeal is hereby condoned.
Also heard on I.A. No. 3483/2021, an application for stay of execution of award.
It is submitted by learned counsel for the appellants that the trial Court has exorbitantly enhanced the amount of compensation to the Rs. 72,80,362/- per hectare; whereas according to the LAO the market price of the acquired land was Rs.4,71,667/- per hectare.
Considering the submissions made by learned counsel for the parties, it is Signature Not Verified Signed by: SANTOSH KUMAR TIWARI Signing time: 1/4/2023 10:26:46 AM 2 directed that in case if the appellants deposit the entire awarded amount (principal + interest) within a period of one month from today before the trial Court, then 50% of the awarded amount shall be kept in FDR, which shall be payable to the successful party and the remaining 50% of the deposited amount shall be disbursed to the respondent subject to furnishing equivalent bank guarantee. I.A. No. 3483/2021 is accordingly disposed of.
(G.S. AHLUWALIA) JUDGE skt Signature Not Verified Signed by: SANTOSH KUMAR TIWARI Signing time: 1/4/2023 10:26:46 AM