Sakharam Tulshiram Suryawanshi v. The State Of Maharashtra Through The Collector, Latur And ORS

2025:BHC-AUG:25262

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 1841 OF 2025 IN FAST/1248/2025 Sakharam Tulshiram Suryawanshi

VERSUS

The State Of Maharashtra Through The Collector, Latur And Ors ...

Mr. V. G. Sakolkar, Advocate for Applicant Mr. S. S. Dande, AGP for Respondents-State .....

CORAM : AJIT B. KADETHANKAR.

DATED : 16TH SEPTEMBER, 2025 ORDER :- .

This is an application for condonation of delay caused in filing present First Appeal. Present First Appeal is filed by the claimant for enhancement in the award granted by the learned Reference Court dated 19.11.2012, in L. A. R. (New) No.1637 of 2010 (Old L.A.R. No.669 of 2007), passed by learned Jt. Civil Judge Senior Division, Udgir. 2.

The applicant submits that his source of earning and livelihood has been taken away due to compulsory acquisition of his property. That, very meager amount was awarded to the applicant by the Competent Authority. That even, the learned Reference Court has also not granted adequate enhancement

to the applicant. Hence, present First Appeal is filed by the applicant. However, due to lack of legal knowledge, general awareness of the proceedings and poor financial condition despite a wish to get enhanced compensation, he could not approach for legal advise, nor could he file the present appeal well within limitation or at the earliest thereafter. With this, the applicant seeks condonation of delay caused in filing present appeal.

3.

Per contra, the respondents oppose condonation of the delay, contending that the application and appeal is filed afterthought and they are filed with sole object to earn more money on sympathy.

4.

Upon having heard the parties, I am of the considered view that enhancement by way of First Appeal is a statutory right of claimant. The farmers, whose agricultural land has been acquired, must get adequate opportunity to claim for adequate and proportionate enhancement in the compensation. For that, technicality of delay must not be a hurdle.

5.

Profitable reference can be made to the judgment and

order passed by the Supreme Court 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. Their Lordships, after considering series of judgments, have observed in paragraph 11, as follows :- "11.

In all judgments referred supra, the common thread that can be observed is that delay is not a reason to deny the land losers their compensation, which is just, fair and reasonable for the land they have lost."

6.

Thus, for the reasons stated above, I am inclined to condone the delay, caused in filing the First Appeal. Hence, following order:

ORDER

a.

Delay of 4341 days caused in filing First Appeal is hereby condoned.

b.

Appellant/Applicant shall not claim any interest and statutory benefit for the delayed period. c.

Applicants to pay the deficit Court fees within two weeks from today. Failing to which, this order shall loose its effect automatically and the application shall stand rejected.

d.

Civil Application stands allowed.

e.

Registry to register the appeal, subject to

removal of office objections and payment of deficit Court fees by the applicant/appellant within two weeks from today.

FIRST APPEAL .

Subject to removal of all office objections, issue notice to the respondents, returnable on 14.10.2025. Learned AGP waives service of notice for respondents-State. 2.

Call Record and Proceeding.

( AJIT B. KADETHANKAR, J. ) Rushikesh/2025