Smt. Banarsibai Wd/O Jugalkishor Bajoria (Dead) Thr. Lrs. Arun Jugalkishor Bajoria And Others v. The State Of Maharashtra Through Its Collector, Yavatmal And Others

1 caf 3548.25.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CAF No.3548/2025 in First Appeal st No.2122/2018 Smt. Banarsibai thr Lrs and others V State of Maharashtra and another - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ------ - - - - - - - - - - - - - - - - - - - - - - - - ------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ---------------------------- Mr. R.J. Shinde, Advocate for appellants.

Mr. Joshi, AGP for resp. nos.1 and 2.

CORAM : PRAFULLA S. KHUBALKAR , J .

DATE : 27-01-2026.

Heard learned Counsel for the appellants and learned AGP for the respondents.

2.

This is an application for condonation of delay of 9956 days caused in filing the first appeal. Learned Counsel for the applicants submits that the applicants are the agriculturist and were not aware about the requirement to file appeal immediately and there is delay of 9956 days. He submits that the applicants/appellants are ready to waive interest and statutory benefits for the period of delay of 9956 days. 3.

Having regard to the facts of the instant case and the position of law that the Land Acquisition Act has been enacted for the benefit of claimants and the fact that the applicants are ready to waive interest on the enhanced amount, if any, for the aforesaid period of delay, I deem it appropriate to allow the application however, subject to cost. 4.

As such, the application for condonation of delay although opposed by the AGP is allowed. The delay of 9956 days stands condoned subject to the cost of Rs.7000/- to be deposited by the appellant in Public Welfare Account No.129712010001014, IFSC Code-UBIN0812978, within a period of two weeks from today.

2 caf 3548.25.odt 5.

It is made clear that the applicants shall not be entitled to get any statutory benefits and interest on the enhanced amount of compensation for the period of delay of 9956 days. 6.

A copy of this order be annexed to the ordersheet of the first appeal for consideration by the Court at appropriate stage. 7.

Application is thus allowed and disposed of.

(Prafulla S. Khubalkar , J.

) Deshmukh Signed by: Mr. S.Deshmukh Designation: PS To Honourable Judge Date: 29/01/2026 19:13:33