Bombay High Court
GANGADHAR PIRAJI DUDUMWARversusTHE STATE OF MAHARASHTRA AND ORS
- Disposal
- Admitted/Allowed/Granted/Rule Absolute
Holding
The court condoned the delay, allowed the appeal to be registered, but denied any statutory benefit or interest for the delayed period.
Summary
Gangadhar Piraji Dudumwar appealed a 2017 land acquisition compensation award, seeking enhancement but filed the first appeal 729 days late. He applied for condonation of the delay, arguing financial hardship and that the right to enhanced compensation is statutory and should not be lost on a technical delay. The respondents did not file a reply. Citing the Supreme Court’s guidelines in Suresh Kumar v. State of Haryana (2025), the court found the applicant’s explanation satisfactory. The court therefore condoned the delay, ordered the appeal to be registered, but held that the applicant would not receive any statutory benefit or interest for the period of delay. The application for condonation was allowed.
Issues considered
- Whether a delay of 729 days in filing a first appeal against a land acquisition compensation award can be condoned.
- Whether the statutory right to enhanced compensation can be defeated by such delay.
- Whether the applicant is entitled to statutory benefit or interest for the delayed period.
Subjects
- land acquisition
- compensation enhancement
- condonation of delay
- statutory right
- appeal
- interest
Judgment
16-sr925-CA10342.2021
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
925 CIVIL APPLICATION NO. 10342 OF 2021
IN FAST/22104/2019
Gangadhar Piraji Dudumwar
VERSUS
The State Of Maharashtra And Ors
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Advocate for Applicant : Mr.Sameer Kurundkar h/f. Mr. Kurundkar Sunil V.
AGP for Respondents no.1 and 2 : Mr. R.K.Ingole
Advocate for Respondent no.3 : Mr. Gude Madhav P. For R/3
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CORAM : AJIT B. KADETHANKAR, J.
DATE : SEPTEMBER 24, 2026
ORDER :-
Feeling aggrieved by the judgment and award dated
20.04.2017 passed by learned Civil Judge, Senior Division, Bhokar, Dist.
Nanded passed in Land Acquisition Reference No.122 of 2014, the
claimant has filed First Appeal seeking enhancement in the
compensation. There is delay of 729 days in filing the First Appeal.
The applicant, by this application, seeks condonation of delay. The
reasons explained for the delay are given in paragraphs 2 to 4.
2. Learned advocate for the applicant submits that the delay
is neither deliberate nor out of any lethargy. He would submit that the
applicant is land-loser whose sole source of livelihood has been
acquired under the compulsory acquisition. He would submit that after
the award was passed, some time elapsed in getting information about
2 16-sr925-CA10342
procedure to challenge the award for enhancement. He adds that
even for raising funds for court fees the petitioners were not in a
position to file the appeal within time. It is submitted that
enhancement in compensation is a statutory right of the claimant,
which must not be defeated on technicality of a short delay. The
delay is not huge one. He submits that the application may be
allowed.
3. The respondents have not filed any reply affidavit to
oppose the application for condonation of delay. In view of the
guidelines laid down by Hon’ble Supreme Court in the case of
Suresh Kumar vs. State of Haryana and ors., (Civil Appeal
arising out of (C) No.670 of 2020) and connected matters
decided on 23.04.2025, I find that a successful case is made out
by the applicant/claimant.
4. In view of the above, the application stands allowed.
Delay is condoned. Appeal be registered. The applicant/claimant
shall not be entitled for any sort of statutory benefit or interest for
the delayed period.
3 16-sr925-CA10342
In First Appeal :-
5. Issue notice to the respondents, returnable after four
weeks. Learned AGP waives notice for respondent nos.1 and 2.
Mr.Gude, learned advocate waives notice for respondent no.3.
6. Call Record and Proceedings.
[AJIT B. KADETHANKAR, J.]
………..
KBP
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