Kamalbai Manmathappa Warad v. The State Of Maharashtra Through The Collector Latur And ORS

2025:BHC-AUG:11069

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 12984 OF 2024 IN FAST/26771/2024 Manmath Basapa Warad And Anr

VERSUS

The State Of Maharashtra Through The Collector Latur And Ors ...

WITH CIVIL APPLICATION NO. 12985 OF 2024 IN FAST/26793/2024 Kamalbai Manmathappa Warad

VERSUS

The State Of Maharashtra Through The Collector Latur And Ors ...

Adv. H. B. Nandagavale And Adv. V.G. Sakolkar, Advocate for Applicant Mr. V. S. Badakh, AGP for Respondent/s-State .....

CORAM : S. G. CHAPALGAONKAR, J.

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

Heard Mr. Nandagavale, learned Advocate appearing for the applicant.

2.

Applicant seeks to condone the delay of 4554 days caused in filing appeals.

3.

Learned AGP appearing for respondent filed affidavit-in-

reply and strongly opposed the application.

4.

Mr. Nandgavale, submits that although, the impugned award was passed in the year 2012, the compensation amount has been released in favour of applicant, sometimes in September, 2024. Applicants lost their lands and they were under financial duress.

5.

In this background, the appeals are filed only after receipt of compensation amount as per the impugned award. 6.

Learned AGP submits that this would not be the ground to condone inordinate delay caused in filing appeals. 7.

Having considered submissions advanced, it can be observed that the applicants lost their lands due to compulsory acquisition and they were mainly dependent upon agricultural income. In this background, it can be accepted that they were under financial duress and could not have arranged Court fees and expenses for filing appeals. The contention of the applicants is that they have received compensation sometimes in September, 2024, is not seriously disputed by the respondents. In this background, considering the nature of litigation, delay can be condoned by putting certain conditions. Hence, following order:

ORDER

i.

Civil Applications are partly allowed.

ii.

Delay of 4554 days caused in filing appeals is condoned, subject to condition that applicants file an undertaking to Registrar (Judicial) of this Court stating that he/they shall not claim interest and statutory benefit on enhanced compensation amount, in case their appeals are favourably considered.

iii.

In addition to that, applicants shall deposit the cost of Rs.2,000/- (Two thousand rupees) each with Bar Library, Advocates Association of Bombay High Court, Bench At Aurangabad within period of eight weeks from today. iv.

Civil Applications are allowed and disposed of in aforesaid terms.

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