Bombay High Court
DHARYABHU @ DAREBHAU RAMBHAU KAKADE SINCE DECEASED THROUGH L.RS. LIMBABAI DHARYBHU KAKADEversusTHE STATE OF MAHARASHTRA THROUGH THE COLLECTOR, JALNA AND ORS.
- Disposal
- Admitted/Allowed/Granted/Rule Absolute
- Bench
- S G CHAPALGAONKAR
Holding
The Court condoned the delay in filing the appeals, subject to an undertaking by the petitioners not to claim interest or statutory benefits for the delayed period.
Summary
The petitioners, comprising several landowners, filed applications seeking just compensation for land acquired by the State of Maharashtra. They alleged that financial duress and lack of procedural knowledge prevented them from filing appeals within the prescribed time. The Court examined the delay and, considering the circumstances, decided to condone the delay in filing the appeals. The condonation was granted on the condition that the petitioners file an undertaking with the Registrar (Judicial) agreeing not to claim interest or any statutory benefits for the period of delay, even if the first appeals are allowed and the compensation is enhanced. The undertakings must be filed within four weeks of the order.
Issues considered
- Whether the delay in filing appeals for compensation can be condoned despite the statutory limitation period
- Whether the petitioners can be barred from claiming interest or statutory benefits for the delayed period as a condition of condonation
Subjects
- land acquisition
- compensation
- delay condonation
- interest
- statutory benefits
- civil procedure
Judgment
2026:BHC-AUG:24896
984 to 987.odt
(1)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
984 CIVIL APPLICATION NO. 2351 OF 2026
IN FAST/4701/2026
Rukminibai W/o. Sakharam Mhaske And Ors.
VERSUS
The State Of Maharashtra Through Collector, Jalna And Ors.
...
Advocate for Applicants : Mr. A.H. Koralkar
AGP for Respondent/State : Mr. S.G. Sangle
Advocate for Respondent No.3 : Ms. Sunita D. Shelke
AND
985 CIVIL APPLICATION NO. 2353 OF 2026
IN FAST/4714/2026
Devidas S/o. Bajirao Mhaske.
VERSUS
The State Of Maharashtra Through The Collector Jalna And Ors.
...
Advocate for Applicant : Mr. A.H. Koralkar
AGP for Respondent/State : Mr. K.S. Hoke Patil
Advocate for Respondent No.3 : Mr. S.T. Chalikwar
AND
986 CIVIL APPLICATION NO. 2357 OF 2026
IN FAST/4791/2026
Dharyabhu @ Darebhau Rambhau Kakade Since Deceased Through
L.rs. Limbabai Dharybhu Kakade
VERSUS
The State Of Maharashtra Through The Collector, Jalna And Ors.
...
Advocate for Applicant : Mr. A.H. Koralkar
AGP for Respondent/State : Mr. S.P. Sonpawale
Advocate for Respondent No.3 : Mr. S.T. Chalikwar
AND
987 CIVIL APPLICATION NO. 2360 OF 2026
IN FAST/4605/2026
Asaram S/o. Bapurao Mhaske
VERSUS
The State Of Maharashtra Through Collector, Jalna And Ors.
...
Advocate for Applicant : Mr. A.H. Koralkar
AGP for Respondent/State : Mr. R.K. Ingole
Advocate for Respondent No.3 : Mr. S.T. Chalikwar
984 to 987.odt
(2)
...
CORAM : S. G. CHAPALGAONKAR, J.
DATED : JUNE 25, 2026
PER COURT :-
1. Heard learned advocates appearing for respective parties.
2. Considering submissions advanced and reasons as stated
in applications, it can be observed that applicants are litigating for
getting just compensation towards acquired land. Due to financial
duress and lack of knowledge regarding Court procedure, appeals
could to be filed within time. In this backdrop, considering length of
delay, applications can be allowed by putting certain conditions.
3. In result, applications are allowed. The delay caused in
filing appeals is condoned, subject to condition that applicants shall
furnish an undertaking with Registrar (Judicial) of this Court that
they shall not claim interest and statutory benefits for delayed period,
in case first appeals are allowed thereby enhancing compensation.
4. Such undertakings be filed within a period of four weeks
from today.
(S.G. CHAPALGAONKAR, J.)
Mujaheed//
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