Bombay High Court

GANESH BHIKAJI KAKDEversusTHE STATE OF MAHARASHTRA THROUGH COLLECTOR, JALNA AND OTHERS

Disposal: Admitted/Allowed/Granted/Rule Absolute
Bench: NEERAJ P DHOTE

Holding

The court condoned the delay in filing the First Appeal but denied the applicant any interest or statutory benefits for the delayed period.

Summary

The applicant, Ganesh Bhikaji Kakde, filed an application seeking condonation of a 2,052‑day delay in filing a First Appeal for enhancement of compensation related to the acquisition of his land for a percolation tank. The court examined the reasons for the delay and, after hearing both parties, allowed the condonation of delay. However, the court held that the applicant would not be entitled to any interest or statutory benefits for the period of delay. The order directed that the appeal be registered, and the application was disposed of. No other substantive merits of the compensation claim were addressed.

Issues considered

Whether a delay of 2,052 days in filing a First Appeal can be condoned under the applicable procedural law
Whether the applicant is entitled to interest or statutory benefits for the period of delay

Subjects

condonation of delay
land acquisition
compensation enhancement
percolation tank
interest entitlement
statutory benefits

Judgment

                                                              1                 42CA6744.2023.odt
                                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                  BENCH AT AURANGABAD.

                                             42 CIVIL APPLICATION NO. 6744 OF 2023
                                                       IN FAST/10329/2023

                                                       Ganesh Bhikaji Kakde
                                                              VERSUS
                                  The State Of Maharashtra Through Collector, Jalna And Others
                                                                 ...
                             Mr. Shubham Madhavrao Kakde - Advocate for Applicant
                             Mrs. M. L. Sangit - AGP for the State
                                                                 ...
                                                              CORAM :     NEERAJ P. DHOTE, J.
                                                              DATED :     22ND JUNE, 2026
                             PER COURT : -

                             1.           This is an application for condonation of delay of 2052 days
                             in preferring the First Appeal by the original Claimant seeking
                             enhancement of compensation in respect of acquisition of his land for a
                             percolation tank.

                             2.           Heard both sides.

                             3.           For the reasons stated in the application, the application is
                             allowed in terms of prayer clause ‘A’. The delay caused in filing the First
                             Appeal is condoned. The Office shall register the Appeal.

                             4.           The Applicant/Claimant shall not be entitled to interest or
                             statutory benefits for the delayed period.

                             5.           A copy of this order shall be placed on the order sheet of
                             the appeal memo for reference.

                             6.           The application stands disposed of.



                                                                            [NEERAJ P. DHOTE]
                                                                                 JUDGE
                             SG Punde

Signed by: Sandeep Gulabrao Punde
Designation: PS To Honourable Judge
Date: 23/06/2026 19:21:21

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