1 927-ca-11255-2024 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 11255 OF 2024 IN FAST/33783/2022 Gopal Sitaram Patil And Others VERSUS The State Of Maharashtra, Through Collector, Jalgaon And Others ... Mr. H. P. Kshirsagar, Advocate for Applicants Mr. A. V. Lavte, AGP for Respondent-State Mr. S. R. Patil, Advocate for Respondent no.3 (Thr. V. C.) ….. CORAM : AJIT B. KADETHANKAR, J. DATED : 04TH SEPTEMBER, 2026 P.C. :- . Feeling aggrieved by the judgment and award dated 25.08.2011 passed by learned Jt. Civil Judge, Senior Division, Jalgaon in Land Acquisition Reference No.161 of 2006, the original claimants have filed the First Appeal. There is delay of 4038 days caused in filing the First Appeal. 2. Mr. H. P. Kshirsagar, learned advocate for the appellants-claimants, besides demonstrating the reasons stated in the application justifying the condonation of delay, also refers to an order dated 19.09.2018 passed by this Court in Civil Application No.4593 of 2018 in First Appeal St. 2 927-ca-11255-2024 No.2519 of 2018 with Civil Application No.4594 of 2018. The order speaks thus: 1 When the present matters are taken up for hearing, the learned Counsel appearing for the applicants/appellants tendered across the bar a copy of the order passed by this Court (Coram: K.L.Wadane, J.) in Civil Application No.12962 of 2017 in First Appeal (Stamp) No.31050 of 2017 and the order passed by the Panel of Lok Adalat held on 09.12.2017. The documents are taken on record and marked as 'X' for identification. 2 In the present matters delay caused is of 3995 days. The acquisitions were for same Waghur Dam. In the Civil Application No.12962 of 2017, this Court has condoned the delay of 4163 days and thereafter, the matter was placed before the Lok Adalat with consent of the learned Counsel for the Acquiring Body. The order passed by the Lok Adalat reflects that the First Appeal (Stamp) No.31050 of 2017 in which this Court has condoned the delay has also been settled in Lok Adalat held on 09.12.2017. 3 In view of above, it may be improper to take any different view. As such, I am inclined to condone the delay, which has occasioned in filing the Appeals by the present applicants/appellants. Hence, the following order:- ORDER I) The Applications are allowed. II) The delay of 3995 days caused in filing the Appeals is condoned. III) The Appeals be registered in accordance with law. IV) It is clarified that the applicants shall not be entitled for any statutory benefits or interest for the period of delay in the event of their success in the Appeals. The applicants to file necessary undertaking in that regard within four weeks from the date of this order. 3 927-ca-11255-2024 V) After registration of Appeals, issue notice to the respondents, returnable after four weeks. VI) Smt.S.S.Raut, learned AGP waives service of notice for respondent No.1/State. Shri Suresh D.Dhongde, learned Counsel waives service of notice for respondent No.2/Acquiring Body. 3. Mr. H. P. Kshirsagar, learned advocate for the appellants-claimants further submits that the case in the hand also arises out of the same land acquisition proceeding and award. He would submit that since for the reasons recorded by this Court in the cited order, the application may be allowed and the applicants may be granted an opportunity to convince this Court on merits. He has also placed reliance on Suresh Kumar Vs. State of Haryana and ors., (Civil Appeal arising out of (C) No.670/2020) and connected matters decided on 23.04.2025. He further undertakes that the claimants shall not claim any interest for the period of delay. 4. Mr. S. R. Patil, learned advocate for the Acquiring Body, appearing through video conferencing requests to pass appropriate order by, putting restrictions on the claimants as regards to the interest. 5. In view of this, I pass following order: 4 927-ca-11255-2024 ORDER a. Civil Application stands allowed. b. Delay of 4038 days caused in filing First Appeal stands condoned. c. Claimants shall not be entitled for the interest and statutory benefits for the period of delay. d. First Appeal be registered. FIRST APPEAL ST. NO.33783 OF 2022 . Issue notice to the respondents. Learned AGP waives service of notice for respondent number 1 and 2. Mr. S. R. Patil, learned advocate waives service of notice for respondent no.3. ( AJIT B. KADETHANKAR, J. ) Rushikesh/2026