Bombay High Court

RAMDAS AMBADAS DHATBALE AND ANOTHERversusTHE STATE OF MAHARASHTRA THROUGH, LAND ACQUISITION OFFICER, SDO OFFICE, KANNAD, AURANGABAD AND ANR

Disposal: Admitted/Allowed/Granted/Rule Absolute
Bench: SHAILESH P BRAHME

Holding

The delay is condoned on the condition that the appellants shall not be entitled to interest or statutory benefits for the delayed period and lapses.

Summary

The appellants, Ramdas Ambadas Dhatbale and another, filed a civil application seeking condonation of a 1,706‑day delay in preferring their first appeal against orders of the Land Acquisition Officer, State of Maharashtra. The court noted that the delay was largely attributable to the appellants and that there was no malafide intent. It was held that the delay could be condoned provided the appellants would forfeit any interest and statutory benefits accruing during the delayed period and the period of lapses. The State’s Advocate General and the counsel for the second respondent both waived service of notice. The court ordered that the record and proceedings be called from the concerned court and dispensed with printing the order. Consequently, the civil application for condonation was allowed subject to the stipulated conditions.

Issues considered

Whether the court should condone a delay of 1,706 days in filing the first appeal.
Whether the appellants should be entitled to interest and statutory benefits for the period of delay and lapses.

Subjects

condonation of delay
first appeal
interest
statutory benefits
service of notice waiver
land acquisition
civil procedure

Judgment

                            1                    22-CA.407-23.odt


     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                BENCH AT AURANGABAD

          22 CIVIL APPLICATION NO. 407 OF 2023
                    IN FAST/18234/2022

       RAMDAS AMBADAS DHATBALE AND ANOTHER
                       VERSUS
      THE STATE OF MAHARASHTRA THROUGH, LAND
       ACQUISITION OFFICER, SDO OFFICE, KANNAD,
                 AURANGABAD AND ANR

                             ...
  Advocate for Applicants : Mr. Pahune Patil Nandkishor J.
       AGP for Respondent/s-State : Mr. S. V. Hange.
Advocate for Respondent No.2 : Ms. Vaishali S. Swami h/f Mr.
                    Swami Mahesh C.
                             ...

                          CORAM : SHAILESH P. BRAHME, J.
                          DATE : 13.01.2026
PER COURT :-


1.    Heard both sides.


2.    Applicants seek condonation of delay of 1706 days in

preferring first appeal. The averments of the application have

not been controverted. The applicants are ready to give up

interest and statutory benefits. I find no malafides on part of

the applicants. It is desirable to condone the delay. It also

reveals that application for condonation of delay was not

circulated in time. The first order was solicited on 27.01.2023

The lapses from 11.07.2022 to 27.01.2023 are attributable to

the applicants. The delay stands condoned on condition that
                              2                            22-CA.407-23.odt


applicants shall not be entitled to interest and statutory

benefits for the delayed period as well as for the period of

lapses.


3.      Civil application is allowed.


First Appeal


4.      Admit.


5.      Learned     AGP   waives         service   of   notice   for   the

respondent/State. Learned counsel Mr. Swami waives service

of notice for respondent No.2.


6.      Call for Record and Proceedings from the concerned

Court.


7.      Print is dispensed with.


8.      Appellants shall not be entitled to interest and the

statutory benefits for the delayed period as well as for the

period of lapses.




                                            (SHAILESH P. BRAHME, J.)

                                   ...

vmk/-

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