Bombay High Court
WAMAN VITHOBA WAGHMARE.versusTHE STATE OF MAHARASHTRA THROUGH THE COLLECTOR LATUR AND ORS.
- Disposal
- Admitted/Allowed/Granted/Rule Absolute
- Bench
- S G CHAPALGAONKAR
Holding
The Court may condone a delay of 3,144 days in filing appeals if the petitioners undertake not to claim interest or statutory benefits for the delayed period.
Summary
The petitioners, who are land owners, filed multiple civil applications seeking condonation of a 3,144‑day delay in filing appeals for just compensation of their acquired lands. The High Court examined the reasons provided for the delay and considered whether such an extensive postponement could be excused. The Court held that the delay could be condoned provided the petitioners undertook not to claim any interest or statutory benefit for the period of delay if their appeals succeed. Accordingly, the applications were allowed subject to the condition of filing an undertaking with the Registrar (Judicial). The civil applications were thereafter disposed of.
Issues considered
- Whether a delay of 3,144 days in filing appeals for compensation can be condoned under the Civil Procedure Code
- Whether the Court can impose a condition that the petitioners forgo interest or statutory benefits for the delayed period
Subjects
- condonation of delay
- land acquisition
- just compensation
- interest waiver
- civil procedure
Judgment
2026:BHC-AUG:25905
971 CA 195 26+.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
971 CIVIL APPLICATION NO. 195 OF 2026
IN FAST/38114/2025
WITH
CIVIL APPLICATION NO. 198 OF 2026
IN FAST/38126/2025
WITH
CIVIL APPLICATION NO. 199 OF 2026
IN FAST/38120/2025
WITH
CIVIL APPLICATION NO. 197 OF 2026
IN FAST/38134/2025
WITH
CIVIL APPLICATION NO. 196 OF 2026
IN FAST/38132/2025
SUGREEV BHAGOJI ALNE.
VERSUS
THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR LATUR AND
ORS.
...
Advocate for Applicant : Mr. H. B. Nandagavale
AGP for Respondent Nos. 1 & 2 : Mr. R. K. Ingole
...
CORAM : S. G. CHAPALGAONKAR, J.
DATE : 02.07.2026
PER COURT :
Heard learned advocates appearing for the respective parties.
2. Notice of application is served upon respondent no. 3.
3. The applicants seek to condone delay of 3144 days caused in filing
appeals. Perused the reasons stated in the applications. The applicants are
prosecuting their grievance for getting just compensation towards their
acquired lands. Considering the reasons stated in the application, this Court
find that delay can be condoned by putting appropriate condition, so as to
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971 CA 195 26+.odt
protect the interest of the respondents.
3. In the result, the applications are allowed. Delay of 3144 days caused
in filing appeals is condoned subject to condition that the applicants file an
undertaking to the Registrar (Judicial) of this Court that they shall not claim
interest or statutory benefit for the delayed period, if they succeed in their
appeals.
4. Civil Applications are disposed of.
( S. G. CHAPALGAONKAR, J.)
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