Bombay High Court

RAJARAM KRUSHNA CHAUDHARI (DIED) THR LRS YUVRAJ AND ORS.versusTHE STATE OF MAHARASHTRA, THROUGH COLLECTOR, JALGAON AND ORS.

Disposal: Admitted/Allowed/Granted/Rule Absolute

Holding

The Court condoned the 326‑day delay and allowed the cross‑objection for enhancement of compensation.

Summary

The State of Maharashtra, as the acquiring body, appealed a 2018 award granting compensation to the original claimants. The claimants filed a cross‑objection seeking enhancement of that compensation, but delayed filing it by 326 days. They argued the delay was due to financial hardship and lack of knowledge, and that the right to seek higher compensation is statutory and should not be barred by a technical limitation. The respondents objected, contending that the claimants were not entitled to 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, condoned the delay and allowed the cross‑objection, also waiving notice to the respondents.

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 seek enhanced compensation can be defeated on a limitation ground.
Whether interest can be awarded for the period of delay in filing the cross‑objection.

Subjects

condonation of delay
cross‑objection
compensation enhancement
statutory right
interest
civil procedure
limitation

Judgment

2026:BHC-AUG:41980



                                                                   16-CA.10437.2026.odt


                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                BENCH AT AURANGABAD
                          919 CIVIL APPLICATION NO. 10437 OF 2026
                                    IN X-OBJST/22158/2026
                              IN FIRST APPEAL NO.2881 OF 2021

                   Rajaram Krushna Chaudhari (died) Thr Lrs Yuvraj And Ors.
                                           VERSUS
                 The State Of Maharashtra, Through Collector, Jalgaon And Ors.

                                                ...
                  Advocate for Applicants : Mr.Sachin Bhalerao h/f. Mr. A.B.Kale
                         AGP for Respondents 1 and 2: Mr.S.N.Kendre
                 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

            13.11.2018, passed by learned 2nd Joint Civil Judge Senior Division,

            Jalgaon, in L.A.R. No.293 of 2008, 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 3 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                     16-CA.10437.2026



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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