Bombay High Court

Shridhar Sonu PatilversusTHE LAND ACQUISITION OFFICER UPPER TAPI PRAKALP HATNOOR JALGAON AND ANOTHER

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

Holding

The Court condoned the delay but denied the applicant any interest or statutory benefits for the delayed period.

Summary

Shridhar Sonu Patil filed a civil application seeking condonation of a 2,317‑day delay in filing his first appeal against the Land Acquisition Officer, Upper Tapi Prakalp, Hatnoor Jalgaon and another. The applicant argued that the reasons for the delay were uncontroverted and offered to forgo any interest or statutory benefits accrued during the period of delay. The State, represented by its Additional Government Pleader, waived service of notice. The Court examined whether such a prolonged delay could be condoned under the principles of equity and procedural law. It held that while the delay could be condoned, the applicant could not claim interest or statutory benefits for the period of delay. Consequently, the civil application was allowed on the condition that the applicant receives no interest or statutory benefits for the delayed period.

Issues considered

Whether a delay of 2,317 days in preferring a first appeal can be condoned.
Whether the applicant is entitled to interest and statutory benefits for the period of delay.

Subjects

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

Judgment

 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH
                 AT AURANGABAD

           99 CIVIL APPLICATION NO. 12975 OF 2025
                      IN FAST/33336/2025
                  SHRIDHAR SONU PATIL
                        VERSUS
     THE LAND ACQUISITION OFFICER UPPER TAPI PRAKALP
             HATNOOR JALGAON AND ANOTHER
                              ...
 Advocate for Applicant : Mr. Madhav Moreshwar Bhokarikar.
    AGP for Respondent/s-State : Mr. S. N. Morampalle.
                              ...
                           CORAM :    SHAILESH P. BRAHME, J.
                           DATE :     18.03.2026
PER COURT :-


1.      Applicant seeks to condone delay of 2317 days in

preferring first appeal.


2.      The reasons stated in the application have not been

controverted. He is ready to give up interest and statutory

benefits for the delayed period. The delay stands condone.


3.      Civil application is allowed on condition that applicant

shall not be entitled to interest and statutory benefits for the

delayed period.


First Appeal


4.      Admit.
5.      Learned    AGP     waives        service   of   notice   for

respondent/State.


6.      Call for Record and Proceedings from the concerned

Court.


7.      Print is dispensed with.




                                         (SHAILESH P. BRAHME, J.)

                                   ...

vmk/-

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