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Bombay High Court

KAMLAKAR S/O DIGAMBAR WADIKAR.versusTHE STATE OF MAHARASHTRA THROUGH THE COLLECTOR LATUR AND ORS.

Disposal
Admitted/Allowed/Granted/Rule Absolute

Holding

The court held that the 651‑day delay in filing the appeals may be condoned.

Summary

The petitioners, represented by Mr. Solanke Shrikrashna B., sought condonation of a 651‑day delay in filing appeals relating to compensation for land acquired by the State of Maharashtra. The State, represented by Mr. D.B. Bhange, opposed the condonation. The court examined the reasons for the delay as set out in the applications and found that the petitioners had made a sufficient case. Accordingly, the court exercised its discretion to condone the delay, directing that the first appeals be registered subject to the removal of any office objections. The applications were therefore allowed.

Issues considered

  • Whether a delay of 651 days in filing appeals for land‑acquisition compensation can be condoned under procedural law

Subjects

  • condonation of delay
  • civil appeals
  • land acquisition
  • compensation
  • procedural law

Judgment

2026:BHC-AUG:34278
                                                                           974-ca-13384-2025.odt
                                                     (1)


                              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                         BENCH AT AURANGABAD
                                  CIVIL APPLICATION NO. 13384 OF 2025
                                           IN FAST/32640/2025
                 Manik S/o Vishwanath Wadikar Deceased Through Lrs Bharatbai And
                                                Ors.
                                             VERSUS
                   The State Of Maharashtra Through The Collector Atur And Ors.
                                                  ...
                        Advocate for Applicants : Mr. Solanke Shrikrashna B.
                            AGP for Respondent/State : Mr. D.B. Bhange
                                             WITH
                 CIVIL APPLICATION NO. 13377 OF 2025 IN FAST/32658/2025WITH
                 CIVIL APPLICATION NO. 13378 OF 2025 IN FAST/32656/2025 WITH
                 CIVIL APPLICATION NO. 13379 OF 2025 IN FAST/32653/2025 WITH
                 CIVIL APPLICATION NO. 13383 OF 2025 IN FAST/32664/2025 WITH
                 CIVIL APPLICATION NO. 13380 OF 2025 IN FAST/32660/2025 WITH
                    CIVIL APPLICATION NO. 13381 OF 2025 IN FAST/32662/2025
                                                ...
                                          CORAM : S. G. CHAPALGAONKAR, J.
                                                 DATED : AUGUST 06, 2026

                 PER COURT :-

                 1.             Heard learned advocates appearing for respective parties.

                 2.             The applicants seek to condone delay of 651 days caused

                 in filing appeals. Apparently, applicants are litigating for getting just

                 compensation towards acquired land.

                 3.             In that view of matter and considering reasons as stated

                 in applications, case is made out to condone delay. Hence,

                 applications are allowed. Delay of 651 days caused in filing appeals

                 stands condoned. First Appeals be registered subject to removal of

                 office objections, if any.


                                                           (S.G. CHAPALGAONKAR, J.)
                 Mujaheed//


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