Bombay High Court
SULOCHANABAI BHASKAR PATILversusTHE STATE OF MAHARASHTRA AT JALGAON, SPECIAL LAND ACQUISITION OFFICER (1), JALGAON AND ANOTHER
- Disposal
- Admitted/Allowed/Granted/Rule Absolute
- Bench
- SHAILESH P BRAHME
Holding
The Court condoned the delay but held that the appellants shall not be entitled to interest or statutory benefits for the delayed period.
Summary
The appellants filed first appeals against orders of the Special Land Acquisition Officer after delays of 4,731 days and 3,097 days respectively. The respondents did not dispute the contents of the applications and there was no evidence of malafide intent. The appellants expressed willingness to forgo interest and statutory benefits accrued during the delayed period. The Court, after considering the circumstances, condoned the delay on the condition that the appellants would not be entitled to any interest or statutory benefits for the period of delay. Consequently, the first appeals were admitted, and the applications for condonation of delay were allowed subject to the stated restriction.
Issues considered
- Whether the delay of 4,731 days and 3,097 days in filing the first appeals can be condoned.
- Whether the appellants are entitled to interest and statutory benefits for the period of delay.
Subjects
- condonation of delay
- first appeal
- interest
- statutory benefits
- land acquisition
- civil application
Judgment
2026:BHC-AUG:3119
1 17-CA.144-22 & ors (17-19).odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
17 CIVIL APPLICATION NO. 144 OF 2022
IN FAST/16271/2021
SULOCHANABAI BHASKAR PATIL
VERSUS
THE STATE OF MAHARASHTRA AT JALGAON, SPECIAL LAND
ACQUISITION OFFICER (1), JALGAON AND ANOTHER
AND
18 CIVIL APPLICATION NO. 145 OF 2022
IN FAST/16267/2021
PANDIT MEHATAB WANJARI LRS. OF MEHTAB JAIRAM
WANJARI AND OTHERS
VERSUS
THE STATE OF MAHARASHTRA AT JALGAON, SPECIAL LAND
ACQUISITION OFFICER (1), JALGAON AND ANOTHER
AND
19 CIVIL APPLICATION NO. 146 OF 2022
IN FAST/16306/2021
BHASKAR SITARAM PATIL
VERSUS
THE STATE OF MAHARASHTRA THR SPECIAL LAND
ACQUISITION OFFICER-1, U.T.P., HATNUR, JALGAON AND
OTHERS
...
Advocate for Applicants : Mr. A. E. Madne h/f Mr. Kale Ajeet B.
AGPs for Respondent/s-State : Mr. S. N. Morampalle, Mr. N. D.
Raje, Mr.S. V. Hange, respectively.
Advocate for Respondent No.2 : Mr. Kadu Shivraj B.
…
CORAM : SHAILESH P. BRAHME, J.
DATE : 23.01.2026
PER COURT :-
1. Appellants seek to condone delay of 4731 days and 3097
days in preferring respective first appeals.
2 17-CA.144-22 & ors (17-19).odt
2. The respondents have not controverted the contents of
the applications. There are no malafides on the part of
applicants. Applicants are ready to give up interest and
statutory benefits for the delayed period. The delay stands
condone on condition that appellants shall not be entitled to
interest and statutory benefits for the delayed period.
3. Civil applications for delay are allowed.
First Appeals
4. Admit.
5. Learned AGPs waive service of notice for respondent-
State in respective matters.
6. Call for Record and Proceedings from the concerned
Court.
7. Print is dispensed with.
8. The appellants shall not be entitled to the interest and
statutory benefits for the delayed period.
(SHAILESH P. BRAHME, J.)
...
vmk/-
Checking your session…