Bombay High Court
SAHEBRAO S/O. VISHWANATH BORADE.versusTHE STATE OF MAHARASHTRA THROUGH THE DIST COLLECTOR JALNA AND ORS.
- Disposal
- Admitted/Allowed/Granted/Rule Absolute
- Bench
- S G CHAPALGAONKAR
Holding
The Court condoned the delay, subject to the applicant’s undertaking not to claim interest or statutory benefits for the delayed period.
Summary
The applicant, Sahebrao Borade, sought condonation of a 3,745‑day delay in filing an appeal for enhancement of compensation relating to acquired land. The Court examined the reasons provided in the application and considered whether the delay could be excused without prejudice to the State. It concluded that the delay could be condoned provided the applicant undertook not to claim interest or statutory benefits for the period of delay if the appeal succeeded. Accordingly, the application was allowed subject to the stipulated condition. The decision permits the appeal to proceed while safeguarding the respondents' interests.
Issues considered
- Whether a delay of 3,745 days in filing an appeal for enhancement of compensation can be condoned by the Court
Subjects
- condonation of delay
- compensation enhancement
- land acquisition
- interest waiver
- statutory benefits
Judgment
2026:BHC-AUG:25632
1002-ca-3419-2026.odt
(1)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CIVIL APPLICATION NO. 3419 OF 2026
IN FAST/5075/2026
Sahebrao S/o. Vishwanath Borade.
VERSUS
The State Of Maharashtra Through The Dist Collector Jalna And Ors.
...
Advocate for Applicant : Mr. Koralkar A H And S S Kalbande.
AGP for Respondent/State : Ms. R.R. Tandale
Advocate for Respondent No.3 : Ms. Vaishali Swamin h/f Ms. Sarita
Gaikwad
...
CORAM : S. G. CHAPALGAONKAR, J.
DATED : JULY 02, 2026
PER COURT :-
1. The applicant seeks to condone delay of 3745 days
caused in filing appeal seeking enhancement of compensation.
2. Perused application and reasons as stated therein.
Apparently, applicant is litigating for getting just compensation
towards acquired land. In that view of matter, looking to reasons as
incorporated in para 3 to 5 of application, delay can be condoned by
putting certain conditions, so as to protect interest of respondents.
3. In result, application is allowed. Delay of 3745 days
caused in filing appeal is condoned, subject to condition that
applicant files an undertaking to Registrar (Judicial) of this Court that
he shall not claim interest or statutory benefits for delayed period, in
case he succeeds in appeal.
(S.G. CHAPALGAONKAR, J.)
Mujaheed//
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