Authority: High Court of Judicature at Bombay, Civil Appellate Jurisdiction
Order Date: September 22, 2026
Case Overview
- Parties: Applicant – Maharashtra Krishna Valley Development Corporation (statutory corporation); Respondents – Atul Ganesh Kulkarni, Special Land Acquisition Officer No.6, Pune, and the Collector, Pune.
- The applicant sought condonation of a 2958‑day delay in filing a First Appeal (ST.) No.25914 of 2025 against the award dated 22 March 2017 in Land Reference No.16 of 2002.
- The original award stemmed from a judgment and award passed by the District Judge, Pune, on 22 March 2017 concerning compensation for acquired land.
- The sole claimant in the reference died during pendency of the proceedings; no legal representatives were brought on record before the Reference Court passed the award.
- The applicant argued that administrative delays, movement of files across authorities, and the impact of the Covid‑19 pandemic (functional impairment from 20 March 2020 to mid‑2022) caused the filing delay.
- The applicant also relied on Supreme Court orders extending limitation periods during the pandemic (orders dated 23 March 2020, 6 May 2020, 27 April 2021, etc.).
- Detailed chronology of communications from November 2021 to April 2025 shows the steps taken to obtain certified copies, calculate court fees, and finally file the appeal on 15 April 2025.
- Both sides presented extensive legal submissions, citing numerous precedents: Harichandra Ramji Patil (2000), Chander (Delhi High Court), Patel Parsottambhai Pragjibhai (Gujarat High Court), N. Jayaram Reddy (1979), Gurnam Singh, Vikram Bhalchandra Ghongade (2025), Khazan Singh, and others.
- Key legal questions: (i) Whether the death of the sole claimant abated the reference and rendered the award a nullity; (ii) Whether the 2958‑day delay can be condoned in view of the award’s status.
Final Outcome
- The Court held that the award dated 22 March 2017 is a nullity because it was passed in favour of a deceased sole claimant without any legal representatives being brought on record, and the reference had abated under Order XXII of the Code of Civil Procedure.
- As a nullity, the award cannot acquire legal force irrespective of the passage of time; consequently, the limitation period does not bar the challenge.
- The Court therefore condoned the 2958‑day delay and allowed the First Appeal to be heard on its merits.
- Order passed: (i) Interim Application No. 11771 of 2025 is allowed; (ii) Delay of 2958 days is condoned; (iii) Application disposed of accordingly.
Topics: Legal Procedure, Land Acquisition, Judicial Review