Bombay High Court

UDDHAV BABARAO PUNEKARversusTHE STATE OF MAHARASHTRA THROUGH COLLECTOR, JALNA AND ORS

Disposal: Admitted/Allowed/Granted/Rule Absolute

Holding

The court held that delay cannot be a bar to the statutory right of land acquisition claimants to seek enhancement of compensation, and therefore condoned the 2,243‑day delay in filing the first appeals.

Summary

The petitioners, who lost agricultural land to compulsory acquisition, filed first appeals seeking enhanced compensation but did so 2,243 days after the original judgment due to lack of legal knowledge and financial constraints. The State opposed condonation of the delay, alleging the filings were motivated by sympathy. The Court held that enhancement of compensation is a statutory right and that procedural delay should not bar claimants from obtaining a just award. Citing the Supreme Court’s decision in Suresh Kumar v. State of Haryana, the Court emphasized that delay is not a ground to deny fair compensation. Consequently, the Court condoned the delay, allowed the civil applications, and ordered registration of the appeals without granting any statutory interest for the delayed period.

Issues considered

Whether a delay of 2,243 days in filing first appeals for compensation enhancement can be condoned.
Whether the statutory right to seek enhanced compensation can be denied on the ground of procedural delay.

Subjects

land acquisition
compensation enhancement
condonation of delay
statutory right
civil appeal
High Court

Judgment

2026:BHC-AUG:37617



                                             (1)                     919 Ca 12690 OF 2023


                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  BENCH AT AURANGABAD

                          919 CIVIL APPLICATION NO. 12690 OF 2023
                                     IN FAST/26500/2023

                                UDDHAV BABARAO PUNEKAR
                                         VERSUS
               THE STATE OF MAHARASHTRA THROUGH COLLECTOR, JALNA AND ORS

                                            WITH
                            CIVIL APPLICATION NO. 12691 OF 2023
                                     IN FAST/26504/2023

                                 SUSHILABAI BANSI DONGRE
                                         VERSUS
               THE STATE OF MAHARASHTRA THROUGH COLLECTOR, JALNA AND ORS

                                            WITH
                            CIVIL APPLICATION NO. 12692 OF 2023
                                     IN FAST/26502/2023

                                 SHESHRAO SAKHARAM PUNEKAR
                                             VERSUS
            THE STATE OF MAHARASHTRA THROUGH COLLECTOR, JALNA AND ORS
                                                 ...
           Mr. S. M. Kakade, Advocate for Applicant
           Mr. B. V. Virdhe AGP for Respondents-State
                                                …

                                         CORAM     : AJIT B. KADETHANKAR, J.
                                         DATE      : 19.08.2026

           PER COURT :-

           .           Feeling aggrieved by the judgment and award dated 29.03.2017

           passed by the learned Reference Court in Land Acquisition Reference Case
                                      (2)                       919 Ca 12690 OF 2023


Nos.517 of 2012, 528 of 2012 and 518 of 2012 respectively, the

applicants/claimants are before this Court in the first appeals. The present

civil applications are for condonation of delay of 2243 days in filing the first

appeals.


2.          The applicants submit that their source of earning and livelihood

has been taken away due to compulsory acquisition of his property. That, very

meager amount was awarded to the applicants by the Competent Authority.

That even, the learned Reference Court has also not granted adequate

enhancement to the applicants. Hence, present First Appeals are filed by the

applicants. However, due to lack of legal knowledge, general awareness of the

proceedings and poor financial conditions despite a wish to get enhanced

compensation, they could not approach for legal advise, nor could they file the

present appeals well within limitation or at the earliest thereafter. With this,

the applicants seek condonation of delay caused in filing present appeals.


3.          Per contra, the respondents oppose condonation of the delay,

contending that the applications and appeals are filed afterthought and they

are filed with sole object to earn more money on sympathy.

4.          Upon having heard the parties, I am of the considered view that

enhancement by way of First Appeal is a statutory right of claimants. The
                                      (3)                        919 Ca 12690 OF 2023


farmers, whose agricultural land has been acquired, must get adequate

opportunity to claim for adequate and proportionate enhancement in the

compensation. For that, technicality of delay must not be a hurdle.

5.          Profitable reference can be made to the judgment and order

passed by the Supreme Court in the case of 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. Their Lordships, after considering

series of judgments, have observed in paragraph 11, as follows :-

      “11. In all judgments referred supra, the common thread that can

      be observed is that delay is not a reason to deny the land losers

      their compensation, which is just, fair and reasonable for the land

      they have lost.”

6.          Thus, for the reasons stated above, I am inclined to condone the

delay, caused in filing the First Appeals. Hence, following order :

                                   ORDER

      a.   Delay of 2243 days, caused in filing First Appeals is hereby
      condoned.

      b.    Civil Applications stand allowed.

      c.    Applicants shall not claim any benefit or statutory interest for
      the delayed period.
                                    (4)                      919 Ca 12690 OF 2023


      d.    Registry to register the appeal, subject to removal of office
      objections, if any, by the applicants/appellants within two weeks
      from today.

7.          On registration of the appeals, issue notice to the respondents,

returnable on 30.09.2026. Learned AGP waives service of notice for all the

respondents.


8.          Call for Record and Proceeding.



                                                [AJIT B. KADETHANKAR, J.]
PRW

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