The State Of Maha., Through Collector, Nagpur And Others v. Shri. Dilip S/O. Dayaram Bagde And Others

(1) caf1046.26

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION NO.1046/2026 IN FIRST APPEAL STAMP NO.25196/2015 (D) --------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders --------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Mr. C. R. Najbile, Advocate for applicants/respondents. Mr. K. R. Lule, A.G.P. for non applicant/appellant. CORAM :

ANIL L. PANSARE, J.

DATE : 20.02.2026 Vide order dated 24-1-2024, this Court has rejected the applications filed by the State of Maharashtra seeking to condone delay ranging from 800 to 900 days in filing appeals against the award passed in land acquisition cases. While doing so, the claimants, who are before the Court, were permitted to withdraw the balance amount of compensation deposited by the State, upon filing solvent surety to the satisfaction of the Registrar (Judicial).

2.

Learned counsel for the applicants/claimants submits that the State has not challenged this order and, therefore, has attained finality. In that sense, the refusal to register first appeals has attained finality. Consequently, learned counsel submits that the claimants are entitled to receive the amount of compensation deposited by the State with this Court. The condition of filing solvent surety may be relaxed accordingly.

(2) caf1046.26 3.

In view of the above and for the reasons set out in the application, the application is allowed. Condition imposed by this Court directing claimants to file solvent surety to withdraw the balance amount of compensation is relaxed. The claimants are permitted to withdraw the balance amount along with interest accrued thereon, upon furnishing usual undertaking.

4.

The application is disposed of in above terms. (Anil L. Pansare, J.) kahale