Bombay High Court

KAMLAKAR PANDHARI KAMBLEversusTHE STATE OF MAHARASHTRA AND ANR

Disposal: Admitted/Allowed/Granted/Rule Absolute

Holding

The Court condoned the 1,948‑day delay, allowed the application, but denied interest and statutory benefits for the delayed period.

Summary

Kamlakar Pandhari Kamble, whose livelihood was lost due to compulsory land acquisition (Reference No.76 of 2003), was dissatisfied with the compensation awarded by the 2nd Joint Civil Judge, Senior Division, Latur and filed a first appeal for enhancement. The appeal was filed after a delay of 1,948 days, prompting Kamble to seek condonation of the delay on grounds of financial hardship and lack of legal knowledge. He argued that the right to enhanced compensation is statutory and should not be defeated by procedural delay, and he offered to waive interest and any statutory benefits for the delayed period. The Court, relying on the precedent set in Suresh Kumar v. State of Haryana (Civil Appeal No.670/2020), allowed the condonation of delay. The application was allowed, the delay condoned, but the applicant was barred from claiming interest or statutory benefits for the period of delay, and the appeal was subsequently registered.

Issues considered

Whether a delay of 1,948 days in filing a first appeal for compensation enhancement can be condoned.
Whether the statutory right to enhanced compensation can be denied on the basis of procedural delay.
Whether the applicant is entitled to interest or statutory benefits for the period of delay.

Subjects

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

Judgment

2026:BHC-AUG:41252



                                                     1
                                                                    924-ca-8874-2019

                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     BENCH AT AURANGABAD

                                   CIVIL APPLICATION NO. 8874 OF 2019
                                          IN X-APLST/23782/2018

                                       Kamlakar Pandhari Kamble
                                                VERSUS
                                   The State Of Maharashtra And Anr
                                                   ...
                     Mr. V. D. Gunale, Advocate for Applicant
                     Mr. S. N. Kendre, AGP for Respondent-State
                     Mr. R. S. Sarvadnya, Advocate for Respondent no.2
                                                  …..
                                          CORAM : AJIT B. KADETHANKAR, J.
                                            DATED : 04TH SEPTEMBER, 2026

                     P.C. :-

                     .         Feeling aggrieved by the deficit enhancement in

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

                     Senior Division, Latur in Land Acquisition Reference No.76 of

                     2003, the applicant-claimant has preferred the First Appeal for

                     enhancement of compensation. There is delay of 1948 days

                     caused in filing the First Appeal and hence the application are

                     filed by the applicant-claimant seeking condonation of delay.

                     2.        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.
                                   2
                                                924-ca-8874-2019

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

application. It is stated that the entire source of livelihood of

the applicant-claimant is taken away under the compulsory

land acquisition. Due to financial crisis and for want of legal

knowledge, the applicant could not approach learned

Advocate for further proceedings.

4.    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.

5.    Mr. V. D. Gunale, learned Advocate for the applicant

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 Appeal and the

Application shall be served to the other side both in physical

form as well as through online mode.

6.    Learned AGP and learned Senior Panel counsel, request

to pass appropriate order.

7.    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
                                   3
                                                    924-ca-8874-2019

23.04.2025, I deem it appropriate to allow the Civil

Application. Hence, the following order:

                                ORDER

        a.       Civil Application stand allowed.
        b.   Delay of 1948 days caused in filing the First
        Appeal stands condoned.
        c.     Applicant-claimant shall not be entitled for
        the interest and statutory benefits for the delayed
        period.
        c.       Appeal be registered.

X-APPEAL ST. NO.23782 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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