Bombay High Court

ASHWINI GANPAT BAWGE THROUGH HIS POWER OF ATTORNEY GUNDAPPA MADHAV BAWAGEversusTHE STATE OF MAHARASHTRA THROUGH THE COLLECTOR LATUR AND ANR

Disposal: Admitted/Allowed/Granted/Rule Absolute
Bench: KISHORE C SANT SUSHIL M GHODESWAR

Holding

Condonation of delay is permissible provided the applicants deposit the prescribed cost and undertake not to claim statutory benefits or interest for the period of delay.

Summary

The original claimants, who were agriculturists whose lands were acquired, filed multiple civil applications seeking condonation of delay in filing their first appeals against the acquisition. The Court examined whether the delay could be condoned and under what conditions. It held that condonation could be granted provided each applicant deposited a cost of Rs.2,000 to a designated charitable fund and executed an undertaking not to claim any statutory benefits or interest for the period of delay. The Court ordered that the first appeals be registered following compliance with these conditions. Consequently, the civil applications were allowed, the delay was condoned, and the applications were thereafter disposed.

Issues considered

Whether the Court may condone the delay in filing the first appeals against land acquisition orders.
Whether the applicants should be required to deposit costs and give an undertaking not to claim statutory benefits or interest as conditions for condonation.

Subjects

land acquisition
condonation of delay
first appeal
cost deposit
undertaking
statutory benefits
interest

Judgment

2026:BHC-AUG:12417


                                             1           901-CA 16659-2022+.odt



                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  BENCH AT AURANGABAD

                               CIVIL APPLICATION NO. 16659 OF 2022
                                        IN FAST/31937/2022

                 Ganpat Madhav Bawage
                 Through his Power of Attorney
                 Gundappa Madhav Bawage                             .. Applicant

                      Versus

                 The State of Maharashtra and another               .. Respondents
                                               WITH
                               CIVIL APPLICATION NO. 16660 OF 2022
                                        IN FAST/31999/2022
                 Rameshwar Ganpatrao Bawage
                 Through his Power of Attorney
                 Gundappa Madhav Bawage                             .. Applicant

                      Versus

                 The State of Maharashtra and another               .. Respondents

                                               WITH
                               CIVIL APPLICATION NO. 16661 OF 2022
                                        IN FAST/32004/2022

                 Ashwini Ganpat Bawage
                 Through his Power of Attorney
                 Gundappa Madhav Bawage                             .. Applicant

                      Versus

                 The State of Maharashtra and another               .. Respondents

                                               WITH
                               CIVIL APPLICATION NO. 16662 OF 2022
                                        IN FAST/32008/2022
                              2              901-CA 16659-2022+.odt


Gundappa Madhav Bawage                                  .. Applicant

     Versus

The State of Maharashtra and another                    .. Respondents

                              WITH
              CIVIL APPLICATION NO. 3322 OF 2026
                     IN X-OBJ(ST)/7074/2026
                          FA/1337/2021
Dagdu Ramsing Bayas
Died, Through L.Rs.
Smt. Nilabai Dagdusingh Bayas and another               .. Applicants

     Versus

The State of Maharashtra and others                     .. Respondents

Mr. N. D. Kendre, Advocate for Applicants.
Mr. A. S. Deshpande, Advocate h/f Mr. Amit S. Deshpande,
Advocate for Applicants in C.A. No. 3322/2026.
Mr. S. J. Salgare, AGP for Respondent-State.
Mr. Vinod P. Patil, Advocate for Respondent No. 2.
Mr. B. R. Surwase, Advocate for Respondent No. 3 in C.A. No.
3322/2026.

                      CORAM : KISHORE C. SANT AND
                              SUSHIL M. GHODESWAR, JJ.
                       DATE       :   18th MARCH, 2026.

PER COURT :-

1.   All these applications are filed by the original claimants

whose lands were acquired and references were allowed to certain

extent. By way of these applications, the claimants are seeking

condonation of delay caused in filing the first appeals.              The

claimants are the agriculturists.      They lost their lands in the
                                 3              901-CA 16659-2022+.odt


acquisition proceedings.


2.       In view of the same, this Court is inclined to allow the

applications subject to payment of cost of Rs. 2,000/- (Rs. Two

Thousand only) each to be deposited in the account of Creche/

Day Care Centre, Advocates Association of Bombay High Court,

Aurangabad. It is also further made clear that, the applicants shall

file an undertaking to be kept in the main appeal stating that they

will not claim any statutory benefits and interest for the period of

delay.


3.       With this, the civil applications stand allowed.         Delay is

condoned. Office to register first appeals.


4.       The civil applications stand disposed of.



( SUSHIL M. GHODESWAR, J.)                    ( KISHORE C. SANT, J. )




P.S.B.

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