Bombay High Court

KALYAN BHAURAO MULEversusTHE STATE OF MAHARASHTRA AND ANR

Disposal: Admitted/Allowed/Granted/Rule Absolute

Holding

The court condoned the delay, allowed the civil applications, and ordered registration of the appeals, but denied any entitlement to interest or statutory benefits for the delayed period.

Summary

The petitioners, Kalyan Bhaurao Mule and others, challenged the compensation awarded by the 2nd Joint Civil Judge in a compulsory land acquisition case, alleging a deficit in the amount. They filed first appeals but delayed filing them by 1,885 days, prompting them to seek condonation of delay through civil applications. The court examined the petitioners' financial hardship and lack of legal knowledge as reasons for the delay, and noted that enhancement of compensation is a statutory right that should not be defeated on technical grounds. Relying on the precedent set in Suresh Kumar v. State of Haryana (Civil Appeal No.670/2020), the court allowed the civil applications, condoned the delay, and ordered that the appeals be registered, while denying any claim for interest or statutory benefits for the delayed period. The petitioners also waived any claim to interest, and the respondents waived service of notice.

Issues considered

Whether a delay of 1,885 days in filing first appeals for compensation enhancement can be condoned.
Whether the statutory right to enhanced compensation can be defeated on technical grounds of delay.
Whether the petitioners are entitled to interest or other statutory benefits for the period of delay.

Subjects

land acquisition
compensation enhancement
condonation of delay
statutory right
interest waiver
civil procedure

Judgment

2026:BHC-AUG:41248

1
923-ca-73-2019+

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD

CIVIL APPLICATION NO. 73 OF 2019
IN FAST/10937/2018

Kalyan Bhaurao Mule
VERSUS
The State Of Maharashtra And Anr
...
Mr. V. D. Gunale, Advocate for Applicants
Mr. K. B. Jadhavar, AGP for Respondent-State
Mr. R. S. Sarvadnya, Sr. Panel Counsel for Respondent
no.2/Union of India
...
WITH
CIVIL APPLICATION NO. 74 OF 2019 IN FAST/11133/2018
WITH
CIVIL APPLICATION NO. 71 OF 2019 IN FAST/11131/2018
WITH
CIVIL APPLICATION NO. 72 OF 2019 IN FAST/11128/2018
…..
CORAM : AJIT B. KADETHANKAR, J.
DATED : 04TH SEPTEMBER, 2026

P.C. :-

CIVIL APPLICATION NO. 73 OF 2019 IN FAST/10937/2018
CIVIL APPLICATION NO. 74 OF 2019 IN FAST/11133/2018
CIVIL APPLICATION NO. 71 OF 2019 IN FAST/11131/2018
CIVIL APPLICATION NO. 72 OF 2019 IN FAST/11128/2018

. Feeling aggrieved by the deficit enhancement in

compensation at the hands of learned 2 nd Joint Civil Judge,

Senior Division, Latur in following Land Acquisition

References, the applicants-claimants have preferred the

respective First Appeals for enhancement of compensation.
2
923-ca-73-2019+

Sr. Civil L.A.R. Judgment Delay
No. Application No. No. date
1 73/2019 77/2003 22.10.2012 1885
2 74/2019 84/2003 22.10.2012 1885
3 71/2019 81/2003 22.10.2012 1885
4 72/2019 87/2003 22.10.2012 1885

2. There is delay of 1885 days caused in filing the

respective First Appeals and hence the applications are filed

by the applicants-claimants.

3. Issue notice to the respondents. Learned AGP waives

service of notice for respondent number 1 and Mr. R. S.

Sarvadnya, learned senior panel counsel, waives service of

notice for respondent number 2.

4. The reasons for condonation of delay are stated in the

respective applications. It is stated that the entire source of

livelihood of the appliants-claimants is taken away under the

compulsory land acquisition. Due to financial crisis and for

want of legal knowledge, the applicants could not approach

learned Advocate for further proceedings.

5. It is submitted that enhancement in the compensation is

a statutory right of a party and must not be defeated on the

technical grounds of litigation.
3
923-ca-73-2019+

6. Mr. V. D. Gunale, learned Advocate for the applicants-

claimants also submits that applicants are ready to waive

interest and shall not claim any benefit for the delayed period.

Mr. Gunale in all fairness submits that the entire set of the

Appeals and the Applications shall be served to the other side

both in physical form as well as through online mode.

7. Learned AGP and learned Senior Panel counsel, request

to pass appropriate order.

8. In view of the law laid down 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, I deem it appropriate to allow the Civil

Applications. Hence, the following order:

ORDER

a. Civil Applications stand allowed.
b. Delay caused in filing the respective First
Appeals stands condoned.
c. Applicants-claimants shall not be entitled
for the interest and statutory benefits for the
delayed period.
c. Appeals be registered.
4
923-ca-73-2019+

FIRST APPEAL ST. NO.10937 OF 2018
FIRST APPEAL ST. NO.11133 OF 2018
FIRST APPEAL ST. NO.11131 OF 2018
FIRST APPEAL ST. NO.11128 OF 2018

. Issue notice to the respondents. Learned AGP waives

services of notice for respondent number 1. Mr. R. S.

Sarvadnya, learned senior panel counsel waives service of

notice for respondent number 2.

2. Call record and proceedings.

3. Stand over to 16.10.2026.

( AJIT B. KADETHANKAR, J. )

Rushikesh/2026

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