Bombay High Court

PUNDLIK JAYRAM SURWADE DIED THR LRS CHANDRABHAGABI PUNDLIK SURWADE AND ORSversusTHE COLLECTOR, JALGAON, THR. SPECIAL LAND ACQUISITION OFFICER, A.T.P.H. AND ANR

Disposal: Admitted/Allowed/Granted/Rule Absolute
Bench: SHAILESH P BRAHME

Holding

The delay is condoned, but the applicants are not entitled to interest or statutory benefits for the delayed period.

Summary

The applicants, heirs of the deceased Pundlik Jayram Surwade, filed a civil application seeking condonation of a 269‑day delay in preferring their first appeal against the Collector, Jalgaon and other officials. The respondent state authority did not appear despite being served. The court found the reasons for delay uncontroverted and saw no malafide intent. Consequently, the court condoned the delay but imposed a condition that the applicants would not be entitled to interest or statutory benefits for the period of delay and the lapse from 09‑02‑2024 to 14‑07‑2025. The civil application was allowed, granting the condonation with the stated restriction.

Issues considered

Whether the 269‑day delay in filing the first appeal can be condoned.
Whether the applicants are entitled to interest and statutory benefits for the delayed period.

Subjects

condonation of delay
first appeal
interest
statutory benefits
land acquisition
civil procedure

Judgment

                               1                 23-CA.12912-24.odt


        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   BENCH AT AURANGABAD

            23 CIVIL APPLICATION NO. 12912 OF 2024
                       IN FAST/4703/2024

          PUNDLIK JAYRAM SURWADE DIED THR LRS
        CHANDRABHAGABI PUNDLIK SURWADE AND ORS
                         VERSUS
        THE COLLECTOR, JALGAON, THR. SPECIAL LAND
           ACQUISITION OFFICER, A.T.P. H. AND ANR

                                  ...
     Advocate for Applicants : Mr. Jay R. Raundale h/f Mr. More
                         Kumar Gaurav M.
        AGP for Respondent/s-State : Mr. S. N. Morampalle.
                                  ...

                             CORAM : SHAILESH P. BRAHME, J.
                             DATE : 13.01.2026

PER COURT :-


1.       Heard both sides.


2.       Applicants seek to condone delay of 269 days in

preferring first appeal.      Nobody appears for the contesting

respondent though served.


3.       The reasons in the application are not controverted.

There is no reason to infer any malafides. The delay stands

condoned on condition that applicants shall not be entitled to

interest and statutory benefits for the delayed period as well as

lapses from 09.02.2024 to 14.07.2025.


4.       Civil application is allowed.
                             2                     23-CA.12912-24.odt




First Appeal


5.      Admit.


6.      Learned AGP waives service of notice for respondent

No.1/State Authority.


7.      Call for Record and Proceedings from the concerned

Court.


8.      Print is dispensed with.


9.      It is clarified that appellants shall not be entitled to

interest and the statutory benefits for the delayed period as

well as for the period of lapses.




                                         (SHAILESH P. BRAHME, J.)

                                   ...

vmk/-

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