Bombay High Court
GOPAL SITARAM PATIL AND OTHERSversusTHE STATE OF MAHARASHTRA, THROUGH COLLECTOR, JALGAON AND OTHERS
- Disposal
- Admitted/Allowed/Granted/Rule Absolute
Holding
The court condoned the 4,038‑day delay, allowed the application and registration of the first appeal, but barred the claimants from claiming interest or statutory benefits for the period of delay.
Summary
The original claimants, aggrieved by a 2011 land acquisition award for the Waghur Dam, filed a first appeal after a delay of 4,038 days. They sought condonation of the delay, relying on a prior order that had condoned a similar delay of 3,995 days in a related case, and cited the decision in Suresh Kumar v. State of Haryana. The court examined the earlier precedent and the principle of granting relief in the interest of justice, while also considering the claimants' undertaking not to claim interest. It condoned the delay, allowed the civil application, and ordered registration of the first appeal, but expressly denied any entitlement to interest or statutory benefits for the period of delay. The order also noted waivers of service of notice by the respondents.
Issues considered
- Whether a delay of 4,038 days in filing the first appeal can be condoned.
- Whether the claimants are entitled to interest or statutory benefits for the period of delay.
- Whether the earlier precedent on condoning delay is applicable to the present case.
Subjects
- land acquisition
- delay condonation
- first appeal
- interest
- statutory benefits
- Waghur Dam
- Lok Adalat
- precedent
Judgment
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927-ca-11255-2024
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CIVIL APPLICATION NO. 11255 OF 2024
IN FAST/33783/2022
Gopal Sitaram Patil And Others
VERSUS
The State Of Maharashtra, Through Collector, Jalgaon And
Others
...
Mr. H. P. Kshirsagar, Advocate for Applicants
Mr. A. V. Lavte, AGP for Respondent-State
Mr. S. R. Patil, Advocate for Respondent no.3 (Thr. V. C.)
…..
CORAM : AJIT B. KADETHANKAR, J.
DATED : 04TH SEPTEMBER, 2026
P.C. :-
. Feeling aggrieved by the judgment and award dated
25.08.2011 passed by learned Jt. Civil Judge, Senior Division,
Jalgaon in Land Acquisition Reference No.161 of 2006, the
original claimants have filed the First Appeal. There is delay of
4038 days caused in filing the First Appeal.
2. Mr. H. P. Kshirsagar, learned advocate for the
appellants-claimants, besides demonstrating the reasons
stated in the application justifying the condonation of delay,
also refers to an order dated 19.09.2018 passed by this Court
in Civil Application No.4593 of 2018 in First Appeal St.
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927-ca-11255-2024
No.2519 of 2018 with Civil Application No.4594 of 2018. The
order speaks thus:
1 When the present matters are taken up for
hearing, the learned Counsel appearing for the
applicants/appellants tendered across the bar a copy of
the order passed by this Court (Coram: K.L.Wadane,
J.) in Civil Application No.12962 of 2017 in First
Appeal (Stamp) No.31050 of 2017 and the order
passed by the Panel of Lok Adalat held on 09.12.2017.
The documents are taken on record and marked as 'X'
for identification.
2 In the present matters delay caused is of 3995
days. The
acquisitions were for same Waghur Dam. In the Civil
Application No.12962 of 2017, this Court has
condoned the delay of 4163 days and thereafter, the
matter was placed before the Lok Adalat with consent
of the learned Counsel for the Acquiring Body. The
order passed by the Lok Adalat reflects that the First
Appeal (Stamp) No.31050 of 2017 in which this Court
has condoned the delay has also been settled in Lok
Adalat held on 09.12.2017.
3 In view of above, it may be improper to take any
different view. As such, I am inclined to condone the
delay, which has occasioned in filing the Appeals by
the present applicants/appellants. Hence, the following
order:-
ORDER
I) The Applications are allowed.
II) The delay of 3995 days caused in filing the
Appeals is condoned.
III) The Appeals be registered in accordance with
law.
IV) It is clarified that the applicants shall not be
entitled for any statutory benefits or interest for the
period of delay in the event of their success in the
Appeals. The applicants to file necessary undertaking
in that regard within four weeks from the date of this
order.
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927-ca-11255-2024
V) After registration of Appeals, issue notice to the
respondents, returnable after four weeks.
VI) Smt.S.S.Raut, learned AGP waives service of
notice for respondent No.1/State. Shri Suresh
D.Dhongde, learned Counsel waives service of notice
for respondent No.2/Acquiring Body.
3. Mr. H. P. Kshirsagar, learned advocate for the
appellants-claimants further submits that the case in the hand
also arises out of the same land acquisition proceeding and
award. He would submit that since for the reasons recorded
by this Court in the cited order, the application may be
allowed and the applicants may be granted an opportunity to
convince this Court on merits. He has also placed reliance on
Suresh Kumar Vs. State of Haryana and ors., (Civil Appeal
arising out of (C) No.670/2020) and connected matters
decided on 23.04.2025. He further undertakes that the
claimants shall not claim any interest for the period of delay.
4. Mr. S. R. Patil, learned advocate for the Acquiring Body,
appearing through video conferencing requests to pass
appropriate order by, putting restrictions on the claimants as
regards to the interest.
5. In view of this, I pass following order:
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927-ca-11255-2024
ORDER
a. Civil Application stands allowed.
b. Delay of 4038 days caused in filing First
Appeal stands condoned.
c. Claimants shall not be entitled for the
interest and statutory benefits for the period of
delay.
d. First Appeal be registered.
FIRST APPEAL ST. NO.33783 OF 2022
. Issue notice to the respondents. Learned AGP waives
service of notice for respondent number 1 and 2. Mr. S. R.
Patil, learned advocate waives service of notice for respondent
no.3.
( AJIT B. KADETHANKAR, J. )
Rushikesh/2026
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