Bombay High Court

GUNWANT IRRAPPA BIRADAR DIED THR LRS RAJU UDHAV GUNWANT BIRADAR AND ANRversusTHE STATE OF MAHARASHTRA THROUGH THE COLLECTOR LATUR AND ORS

Disposal: Admitted/Allowed/Granted/Rule Absolute
Bench: NEERAJ P DHOTE

Holding

The Court condoned the delay and ordered registration of the appeal, but denied any interest or statutory benefits to the claimants.

Summary

The applicants, original claimants in a land acquisition matter for a percolation tank, filed an application seeking condonation of a 3,170‑day delay in preferring their first appeal for enhanced compensation. The High Court examined whether such a lengthy delay could be condoned under procedural law. It held that the delay could be condoned, allowing the appeal to be registered, but clarified that the claimants would not be entitled to interest or any statutory benefits for the period of delay. The order directed that the appeal be entered on the court’s register and that a copy be placed on the appeal memo. The application was consequently disposed of by the court.

Issues considered

Whether a delay of 3,170 days in filing a first appeal can be condoned
Whether the claimants are entitled to interest or statutory benefits for the period of delay

Subjects

condonation of delay
first appeal
land acquisition
compensation enhancement
interest denial
statutory benefits

Judgment

                                                             1                 45CA11260.2023.odt
                                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                  BENCH AT AURANGABAD.

                                           45 CIVIL APPLICATION NO. 11260 OF 2023
                                                     IN FAST/25176/2023

                                Gunwant Irrappa Biradar Died Thr Lrs Raju Udhav Gunwant Biradar
                                                            And Anr
                                                             VERSUS
                                  The State Of Maharashtra Through The Collector Latur And Ors

                                                             ...
                           Mr. H. B. Nandagavale - Advocate for Applicants
                           Mrs. Anuradha S. Mantri - AGP for the State
                                                             ...
                                                             CORAM :     NEERAJ P. DHOTE, J.
                                                             DATED :     22ND JUNE, 2026
                           PER COURT : -

                           1.            This is an application for condonation of delay of 3170 days
                           in preferring the First Appeal by the original Claimants seeking
                           enhancement of compensation in respect of acquisition of their land for
                           a percolation tank.

                           2.            Heard both sides.

                           3.            For the reasons stated in the application, the application is
                           allowed in terms of prayer clause ‘B’. The delay caused in filing the First
                           Appeal is condoned. The Office shall register the Appeal.

                           4.            The Applicants/Claimants shall not be entitled to interest or
                           statutory benefits for the delayed period.

                           5.            A copy of this order shall be placed on the order sheet of
                           the appeal memo for reference.

                           6.            The application stands disposed of.


                                                                          [NEERAJ P. DHOTE]
                                                                               JUDGE
                             SG Punde
Signed by: Sandeep Gulabrao Punde
Designation: PS To Honourable Judge
Date: 23/06/2026 19:23:22

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