Sofiyabai Mohamadsaab Shaikh And ORS v. The State Of Maharashra, Through Dist. Collector, Nanded And ORS

2025:BHC-AUG:11351 165-ca-583-2025

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 583 OF 2025 IN FAST/732/2025 Sofiyabai Mohamadsaab Shaikh And Ors

VERSUS

The State Of Maharashra, Through Dist. Collector, Nanded And Ors ...

Adv. Tushar Nagarkar h/f Adv. K. M. Nagarkar, Advocate for Applicants Adv. V. S. Badakh, AGP for Respondents-State .....

CORAM : S. G. CHAPALGAONKAR, J.

Dated : 15TH APRIL, 2025 PER COURT :- 1.

Heard Mr. Nagarkar, learned Advocate appearing for the applicants.

2.

Applicants seek to condone the delay of 1858 days caused in filing appeal against the award passed by Reference Court. Application is opposed by learned AGP as per affidavitin-reply filed on behalf of Deputy Collector (Land Acquisition Officer).

3.

Perused the reasons as stated in the application. Applicants lost their agricultural land due to compulsory

165-ca-583-2025 acquisition, hence, inadequate compensation was awarded. They filed Reference, which came to be partly allowed. Aggrieved by the awarded compensation by the Reference Court, applicants filed this appeal. Applicants explained that due to poor financial condition, they could not approach this Court within the time specified. Applicants further state that the cause of their unawareness about the legal proceeding. 4.

Considering the aforesaid reasons and nature of dispute, it would be appropriate to condone the delay by putting certain conditions. Hence, following order.

ORDER

i.

Civil Application is allowed.

ii.

Delay of 1858 days caused in filing appeal is hereby condoned, subject to condition that applicants file an undertaking to the Registrar (Judicial) stating that they shall not claim any interest or statutory benefit for the period of delay.

iii.

Civil Application is disposed of.

( S. G. CHAPALGAONKAR, J. ) Rushikesh/2025