Chandabai Subhashchandra Jain And Others v. The State Of Maharashtra, Thr. The Collector, Yavatmal And Others
2026:BHC-NAG:5756 1 79-CAF-4050-2025.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR CIVIL APPLICATION NO.4050 OF 2025 IN FIRST APPEAL (ST.) NO.13706 OF 2025 Chandabai Subhashchandra Jain And Others Vs.
The State Of Maharashtra, Thr. The Collector, Yavatmal And Others Office Notes, Office Memoranda of Coram, Appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. Sawan Alaspurkar, Advocate for the Appellant Nos.1 to 3. Mr. M.A. Kadu, AGP for the Respondent Nos.1 and 2/State. None for respondent No.3.
CORAM: PRAFULLA S. KHUBALKAR, J .
DATED : 10 th APRIL, 1.
This is an application for condonation of delay of 461 days in filing the statutory appeal which is filed by the original claimants seeking enhancement of compensation. 2.
Learned counsel for the applicant submits that the reasons for delay includes the old age of the applicants/appellants and their lack of knowledge about the requirement of filing the appeal within the prescribed period of time. It is also stated that the appeal is filed after other land owners were awarded the enhanced compensation.
3.
In response to the notice on this application, all the respondents are served. Mr. M.A. Kadu, appears and waives service of notice on behalf of respondent Nos.1 & 2. Nobody appears on behalf of respondent No.3.
2 79-CAF-4050-2025.odt 4.
Having regard to the contents of the application and submissions advanced, the delay of 461 days does not appear to be intentional and the application needs to be allowed in the interest of justice. Accordingly, the civil application is allowed. Delay of 461 days in filing the statutory appeal is hereby condoned, however, subject to the condition that the appellants shall not be entitled for the statutory benefits and interest for the period of delay. 5.
In view above, the civil application is disposed of. 6.
Copy of this order be annexed to the order-sheet of the first appeal.
(PRAFULLA S. KHUBALKAR, J . ) Privel