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Bombay High Court

ASARAM S/O. BAPURAO MHASKEversusTHE STATE OF MAHARASHTRA THROUGH COLLECTOR, JALNA AND ORS.

Disposal
Admitted/Allowed/Granted/Rule Absolute

Holding

The Court condoned the delay in filing appeals, subject to the petitioners' undertaking not to claim interest or statutory benefits for the delayed period.

Summary

The petitioners, comprising several landowners, sought just compensation for land acquired by the State of Maharashtra. They alleged that financial duress and lack of procedural knowledge caused delays in filing their appeals. The Court examined whether such delay could be condoned and whether the petitioners could be precluded from claiming interest or statutory benefits for the delayed period. It held that the delay could be condoned provided the petitioners executed an undertaking not to claim such additional benefits. Accordingly, the applications were allowed, the delay was condoned, and the petitioners were directed to file the undertaking within four weeks.

Issues considered

  • Whether the delay in filing appeals for compensation can be condoned under civil procedure rules.
  • Whether the petitioners can be barred from claiming interest and statutory benefits for the period of delay.
  • Whether imposing an undertaking as a condition for condonation is permissible.

Subjects

  • land acquisition
  • compensation
  • delay condonation
  • interest
  • statutory benefits
  • civil procedure

Judgment

2026:BHC-AUG:24897
                                                                              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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