Bombay High Court
THE STATE OF MAHARASHTRAversusHIRKANBAI YASHWANTRAO PAWAR
- Disposal
- Admitted/Allowed/Granted/Rule Absolute
- Bench
- SANJAY A DESHMUKH
Holding
The delay was not deliberate and was condoned, and the appeal was dismissed in accordance with the State Government's policy.
Summary
The State of Maharashtra filed a civil application seeking condonation of delay in filing a first appeal against a 2002 land acquisition award. The court found the delay neither deliberate nor intentional and allowed the application, condoning the delay. The State, through its A.G.P., relied on a 2016 government resolution and its 2017 corrigendum stating that the State would not contest appeals where the compensation awarded by the reference court is within four times that awarded by the Special Land Acquisition Officer. Since the compensation fell within that range, the court disposed of the first appeal without hearing it on merits. Consequently, the first appeal was dismissed and the pending civil application was also disposed.
Issues considered
- What is the appropriate standard for condoning delay in filing an appeal?
- Whether the appeal should be dismissed based on the State Government's policy limiting contests of awards within four times the Special Land Acquisition Officer's award
Subjects
- land acquisition
- compensation
- delay condonation
- appeal dismissal
- government policy
Judgment
2026:BHC-AUG:13877
1 919-CA-2148-11.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CIVIL APPLICATION NO. 2148 OF 2011 IN FAST/2498/2011
WITH FIRST APPEAL STAMP NO.2498 OF 2011
THE STATE OF MAHARASHTRA
VERSUS
HIRKANBAI YASHWANTRAO PAWAR
...
A.G.P. for Applicant : Mr. S. G. Joshi
...
CORAM : SANJAY A. DESHMUKH, J.
DATE : 24-03-2026
PER COURT:-
CIVIL APPLICATION NO.2148 OF 2011:
1. Heard.
2. Perused the application.
3. For the reasons stated in the application, the civil application
for delay deserves to be allowed in the interest of justice as the
delay is neither deliberate nor intentional.
4. The civil application for delay is allowed. The delay caused in
filing the first appeal is hereby condoned.
5. The civil application is disposed of.
FIRST APPEAL STAMP NO.2498 OF 2011
1. This appeal is preferred against the judgment and award
dated 02.05.2002 passed by the learned Civil Judge, Senior
Division, Osmanabad, District Osmanabad, in Land Acquisition
Reference No.183 of 1990, dated 13.04.1995.
2 919-CA-2148-11.odt
2. The learned A.G.P. for the appellant/State submits that in
view of the policy decision of the State Government as per
Government Resolution dated 03.11.2016 and the corrigendum
dated 23.02.2017 issued thereto, the State Government has
resolved not to file or contest any appeal where the amount of
compensation awarded by the Reference Court is within four times
of the amount awarded by the Special Land Acquisition Officer.
He submits that the present first appeal deserves to be disposed
of in view of the aforesaid policy decision of the State Government,
as the amount of compensation awarded by the Reference Court is
within four times of the amount awarded by the S.L.A.O.
3. Considering the submissions of the learned AGP as well as
the policy decision of the State Government, the appeal deserves
to be disposed of.
4. The First Appeal is disposed of, accordingly.
5. Pending civil application, if any, stands disposed of.
[SANJAY A. DESHMUKH]
JUDGE
rrd
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