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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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