Bombay High Court

PRABHAKAR HARI KHADKE AND ORS.versusTHE STATE OF MAHARASHTRA, THROUGH COLLETOR, JALGAON AND ORS.

Disposal: Admitted/Allowed/Granted/Rule Absolute

Holding

The Court condoned the 326‑day delay and allowed the cross‑objection to be registered.

Summary

The State of Maharashtra, as the acquiring body, filed a first appeal against a 2017 award in a land acquisition case. The original claimants sought to file a cross‑objection to increase the compensation awarded, but delayed filing it by 326 days due to financial constraints and lack of legal knowledge. An application was made to condone this delay, arguing that the right to enhanced compensation is statutory and should not be barred by a technical limitation. The respondent’s counsel objected that the claimants should not receive interest for the delayed period. The Court, noting that the appeal was filed by the acquiring body and that the delay was not due to negligence, allowed the application, condoned the delay, and ordered the cross‑objection to be registered.

Issues considered

Whether a delay of 326 days in filing a cross‑objection for enhancement of compensation can be condoned.
Whether the statutory right to enhanced compensation can be defeated on a technical limitation ground.

Subjects

cross‑objection
condonation of delay
compensation enhancement
limitation
civil procedure
land acquisition
first appeal

Judgment

2026:BHC-AUG:41979



                                                                  15-CA.10436.2026.odt


                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                BENCH AT AURANGABAD
                          918 CIVIL APPLICATION NO. 10436 OF 2026
                                    IN X-OBJST/22188/2026
                              IN FIRST APPEAL NO.1149 OF 2021

                               Prabhakar Hari Khadke And Ors.
                                          VERSUS
                 The State Of Maharashtra, Through Colletor, Jalgaon And Ors.

                                               ...
                  Advocate for Applicant : Mr.Sachin Bhalerao h/f. Mr. A.B.Kale
                         AGP for Respondents 1 and 2: Mr.B.V.Virdhe
                 Advocate for Respondent no.3 : Mr.G.S.Khaire h/f. Mr.S.S.Dande
                                               ...

                                      CORAM :      AJIT B. KADETHANKAR, J.
                                      DATE  :      SEPTEMBER 09, 2026
            ORDER :-

                        Feeling aggrieved by the judgment and award dated

            12.12.2017, passed by learned 4th Joint Civil Judge Senior Division,

            Jalgaon, in L.A.R. No.261 of 2009, the acquiring body has filed First

            Appeal. In the said appeal, a Cross-Objection is sought to be filed by

            the original claimants seeking enhancement in the compensation.

            There is delay of 326 days caused in filing the Cross-Objection. Hence,

            present application is filed to condone the delay.


            2.          The reasons for causing the delay are rendered in

            paragraphs 2 to 6 of the application.      It is submitted that due to

            financial crises and for want of knowledge as to the proceedings to be

            taken up for escalation in compensation, the applicants could not
                                     2                     15-CA.10436.2026



approach their learned advocate within time and therefore delay is

caused. The delay is not huge one nor has arisen due to negligence

or lethargy.        It is further submitted that escalation in the

compensation is the statutory right of a party and must not be

defeated on technical point of limitation.


3.          Learned advocate for the respondent - acquiring body

would record his objection that the objection petitioners shall not be

entitled for any interest for the delayed period.


4.          Considering that the First Appeal is filed by the acquiring

body challenging the reference award, I deem it appropriate to allow

this application.


5.          Hence, the application stands allowed. The delay of 326

days caused in filing the Cross-Objection is condoned.     The Cross-

Objection be registered.


6.          In Cross-Objection issue notice to the respondents.

Mr.Khaire and learned AGP waive notice for the respective parties.



                                  [AJIT B. KADETHANKAR, J.]
                                ………..
KBP

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