Bombay High Court

BHASKAR S/O. SARJERAO KHEDKAR AND ORS.versusTHE STATE OF MAHARASHTRA THROUGH THE COLLECTOR BEED AND ANR.

Disposal: DISPOSED OFF
Bench: S G CHAPALGAONKAR

Holding

The application for condonation of delay is rejected.

Summary

The applicants sought condonation of a 22‑year delay in filing an appeal under Section 18 of the Land Acquisition Act against a compensation award made under Section 11 for land acquired for a minor irrigation tank. The reference on the award was decided in 2004; the applicants only obtained certified copies in 2023 and filed the condonation application in 2026, citing old age, illiteracy and lack of legal knowledge as reasons for the delay. The Court examined the length of the delay and found the explanation insufficient, even under a liberal approach. Consequently, the Court rejected the condonation request. The civil application was disposed of.

Issues considered

Whether a delay of more than 22 years in filing an appeal under Section 18 of the Land Acquisition Act can be condoned.
Whether the applicants' explanation of old age, illiteracy and lack of legal knowledge suffices to justify such a delay.

Legislation cited

Land Acquisition Act — s. 11, 18

Subjects

Land acquisition
Condonation of delay
Section 18
Compensation award
Civil procedure

Judgment

2026:BHC-AUG:25924
                                                                 925 CA 5628 OF 2026.odt

                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     BENCH AT AURANGABAD

                               925 CIVIL APPLICATION NO. 5628 OF 2026
                                          IN FAST/8644/2026

                        BHASKAR S/O. SARJERAO KHEDKAR AND ORS.
                                              VERSUS
              THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR BEED AND
                                               ANR.
                                                 ...
                    Advocate for Applicants : Mr. D R Jaybhar And S D Jaybhar.
                         AGP for Respondent/State : Mr. K. S. Hake Patil
                                                 ...

                                   CORAM               :   S. G. CHAPALGAONKAR, J.

                                   DATE                : 02.07.2026


             PER COURT :

                      Heard.

             2.      The applicants are seeking condonation of delay of more than 22
             years caused in filing appeal against the judgment and award passed under
             Section 18 of the Land Acquisition Act.

             3.      The learned advocate appearing for the applicants submits that the
             applicants’ land was acquired by the respondents for Ukanda Chakla Minor
             Irrigation Tank. Award under Section 11 of the Land Acquisition Act was
             passed. Aggrieved by the assessment of compensation, the applicants have
             filed reference under Section 18 of the Land Acquisition Act. The reference
             has been decided on 11.03.2004. The applicants applied for certified copies
             on 01.03.2023, which was delivered on 02.03.2023.        Thereafter present
             application is lodged on 07.03.2026. The only reason employed to condone
             the delay is that due to old age, illiteracy and lack of legal knowledge, no
             steps were taken for filing the appeal.


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                                                        925 CA 5628 OF 2026.odt
4.      This Court find that looking to the length of delay of more than 22
years, the aforesaid explanation cannot be accepted even by adopting liberal
approach.

5.      In that view of the matter, the application stands rejected.

6.      Civil Application is disposed of.



                                            ( S. G. CHAPALGAONKAR, J.)




mkd/-




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