Dattaram Haribhau Sanap vs the State of Maharashtra Thr. Special Land Acquisition Officer, Nashik and Ors. — Bombay HC (2025) — LawSathi Research

Dattaram Haribhau Sanap vs the State of Maharashtra Thr. Special Land Acquisition Officer, Nashik and Ors. — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Delay of 5 years and 61 days in filing First Appeal (ST) No. 32186 of 2023 condoned (Civil Application allowed), subject to the Applicant filing an undertaking within four weeks not to claim interest on the enhanced compensation, if any, and on the statutory amount for the delay period; First Appeal admitted; Appellant to file a private paper book within six months; soft copy of R & P to be sent by the trial Court to the High Court within four weeks, with originals preserved by the trial Court until further orders.

Issue for consideration

Whether the delay of 5 years and 61 days in filing First Appeal (ST) No. 32186 of 2023 against the Reference Court's Judgment and Award dated 30.06.2018 ought to be condoned.

Court's answer

Having regard to the ratio laid down by the Apex Court in Ningappa Thotappa Angadi (Dead) through Lrs vs. The Special Land Acquisition Officer, the delay of 5 years and 61 days in filing the First Appeal needs to be condoned.

Ratio / Principle

The Civil Application is allowed in terms of prayer clause (a), subject to the Applicant filing an undertaking in the Court within four weeks that they will not claim interest on the enhanced compensation, if any, and on the statutory amount, for the period of delay of 5 years and 61 days in preferring the Appeal.

Detailed headnote1 paragraphs

Bombay High Court, Civil Appellate Jurisdiction (Rajesh S. Patil, J.) — Interim Application No. 10119 of 2024 in First Appeal (ST) No. 32186 of 2023 (Dattaram Haribhau Sanap v. The State of Maharashtra & ors.). The claimant-applicant sought condonation of a delay of 5 years and 61 days in preferring the First Appeal against the Reference Court's Judgment and Award dated 30.06.2018, explaining the delay by financial constraints in arranging Court Fees. The State objected, submitting that the appeal had been preferred only in 2023 and that it should not bear interest for the claimant's fault. Relying on the ratio of the Apex Court's decision in Ningappa Thotappa Angadi (Dead) through Lrs vs. The Special Land Acquisition Officer, Civil Appeal No. 9415 of 2019 (dated 13th December, 2019), the Court held the delay needs to be condoned and allowed the Civil Application in terms of prayer clause (a), subject to the Applicant filing, within four weeks, an undertaking not to claim interest on the enhanced compensation, if any, and on the statutory amount for the period of delay. The First Appeal was admitted; the Appellant was directed to file a private paper book within six months, and the trial Court was directed to send a soft copy of the R & P to the High Court within four weeks while preserving the original records.

IA 10119-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

INTERIM APPLICATION NO. 10119 OF 2024

IN

ANAND SUDHAKAR SUDAME

FIRST APPEAL (ST) NO. 32186 OF 2023

Dattaram Haribhau Sanap ..Applicant

Versus

Digitally signed by ANAND SUDHAKAR SUDAME

Date: 2025.10.08 19:25:49 +0530

The State of Maharashtra & ors.

Mr. Anil Ahuja, Advocate, for the Applicant Mr. A. R. Patil, Addl. GP, for the Respondent - State

..Respondents

CORAM : RAJESH S. PATIL, J.

DATE : 06.10.2025

P. C.

This Civil Application is filed by the claimant for condonation of

delay of 5 years and 61 days in filing the First Appeal.

The learned counsel for the Applicant submits that there is a delay of 5 years and 61 days counsel in preferring the First Appeal. He further submits that the Applicant was unable to take timely steps to challenge the impugned Judgment and Award of the Reference Court due to financial constraints as the amount of Court Fees was required to be arranged.

Mr. A. R. Patil, learned Additional Government Pleader

appearing for State/Respondent states that he has strong objections in

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Anand

IA 10119-2024.doc

condoning the delay. He submits that impugned Judgment and Award has been passed on 30.06.2018 and Appeal has been preferred in the year 2023. He further submits that the State should not be saddled with the liability to pay interest for the fault of the claimant and delay can be condoned subject to the condition that Applicant will not be entitled to claim interest from the date of passing of the impugned Judgment and Award till the date of filing Appeal.

Learned counsel appearing for Applicant submit that the claimants will not claim any interest on the enhanced compensation and the statutory amount for the period of delay, i. e. 5 years 61 days and necessary undertaking to that effect will be filed in this Court.

I have heard both sides and I have gone through the contents of the Application.

Considering the ratio laid down in the decision of the Apex Court in the case of Ningappa Thotappa Angadi (Dead) through Lrs vs. The Special Land Acquisition Officer , passed in Civil Appeal No.9415 if 2019, dated 13^th December, 2019, hence in the present proceedings, the delay needs to be condoned.

The Civil Application is allowed in terms of prayer clause (a) subject to an undertaking being filed in this Court by the Applicant within a period of four weeks from today that they will not claim

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Anand

IA 10119-2024.doc

interest on the enhanced compensation, if any, and on the statutory amount, for the period of delay i.e. 5 years and 61 days in preferring the Appeal.

FIRST APPEAL (ST) NO. 32186 OF 2023

Heard.

Admit .

The Appellant to file a private paper book within a period of 6 months from today. A copy thereof to be served on the other side.

Soft copy of R & P be sent by the trial Court to the High Court within a period of 4 weeks from today. The original R & P should be preserved by the trial Court till further Orders of this Court. The original R & P to be sent to the High Court when called for.

(RAJESH S. PATIL, J.)

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Anand