Bombay High Court
BASHIR S/O. TURAB SHAIKH.versusTHE STATE OF MAHARASHTRA THROUGH COLLECTOR LATUR AND ANR.
- Disposal
- Admitted/Allowed/Granted/Rule Absolute
Holding
The Court condoned the 6,595‑day delay subject to an undertaking by the claimants that they will not claim any statutory benefit or interest for the delayed period.
Summary
The claimants, heirs of Turab Jamalsab Shaikh and others, filed civil applications seeking condonation of a 6,595‑day delay in filing appeals against the State of Maharashtra concerning compulsory land acquisition for a project. The delay was explained by the applicants citing the COVID‑19 pandemic and their financial constraints. The Court examined whether such an extensive delay could be condoned and whether imposing a condition on the applicants was appropriate. It held that the delay could be condoned provided the claimants give an undertaking not to claim any statutory benefit or interest for the period of delay. Accordingly, the applications were allowed, the delay was condoned subject to the undertaking, and the appeals were ordered to be placed for admission after removal of any objections. The civil applications were then disposed of.
Issues considered
- Whether a delay of 6,595 days in filing an appeal can be condoned under procedural law
- Whether the Court may impose an undertaking restricting claimants from seeking statutory benefits or interest for the delayed period
Subjects
- condonation of delay
- land acquisition
- civil appeal
- statutory benefit
- interest
- COVID-19
- procedural law
Judgment
2026:BHC-AUG:38246
1 983 CA 5548-2026.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
983 CIVIL APPLICATION NO. 5548 OF 2026
IN FIRST APPEAL (ST) NO. 8768 OF 2026
WITH
CIVIL APPLICATION NO. 5551 OF 2026 IN FAST/8808/2026
WITH
CIVIL APPLICATION NO. 5549 OF 2026 IN FAST/8812/2026
TURAB JAMALSAB SHAIKH DIED THROUGH L.RS. BISMILLA DIED
THROUGH L.RS. BASHIR AND OTHERS
VERSUS
THE STATE OF MAHARASHTRA THROUGH COLLECTOR LATUR AND
ANOTHER
…
Mr. Shashikiran N. Patil – Advocate for Applicants
Ms. M.L. Sangit – AGP for Respondent No.1/State
…
CORAM : MANJUSHA DESHPANDE, J.
DATE : 21.08.2026
PER COURT :
1. These applications are filed for condonation of delay of 6595 days
in filing the appeals by the claimants. Respondent No.2 is the contesting
respondent. Though the respondents are served, none has caused
appearance.
2. It is submitted that the claimants have been deprived of their land
on account of the project and compulsory acquisition thereof. The delay
has been sufficiently and satisfactorily explained in paragraphs 2 and 3 of
the applications. Various grounds, including the COVID-19 pandemic
2 983 CA 5548-2026.odt
situation and the financial condition of the applicants, have been
attributed to the delay.
3. In view of the explanation given for the delay, the delay in filing
the appeals deserves to be condoned, subject to the claimants furnishing
an undertaking to the satisfaction of the Registrar (Judicial) of this Court
that they shall not claim any statutory benefit or interest on the amount
for the delayed period. Accordingly, the delay of 6595 days stands
condoned, subject to the aforesaid condition. The Civil Applications are
allowed in terms of prayer clause ‘A’.
4. The appeals be placed for admission after removal of office
objections, if any.
5. The Civil Applications are accordingly disposed of.
[ MANJUSHA DESHPANDE, J. ]
Pooja Kale/
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