Pandit Meharban Adhe (Died) Thr. Lrs Shantabai Pandit Adhe And ORS v. The State Of Maharashtra Through Special Land Acquisition Officer, (M.I.W.), Jalna.
2025:BHC-AUG:25223
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 945 CIVIL APPLICATION NO. 3970 OF 2024 IN FAST/6652/2024 Pandit Meharban Adhe (died) Thr. Lrs Shantabai Pandit Adhe And Ors
VERSUS
The State Of Maharashtra Through Special Land Acquisition Officer, (m.i.w.), Jalna.
AND 946 CIVIL APPLICATION NO. 3979 OF 2024 IN FAST/5668/2024 Omkar Shankar Aadhe
VERSUS
The State Of Maharashtra Through Special Land Acquisition Officer (m.i.w.) Jalna And Ors AND 947 CIVIL APPLICATION NO. 3987 OF 2024 IN FAST/5663/2024 Gorakh Dharma Adhe
VERSUS
The State Of Maharashtra Through Special Land Acquisition Officer (m.i.w.) Jalna And Ors AND 948 CIVIL APPLICATION NO. 3995 OF 2024 IN FAST/5672/2024 Sagarabai Dharma Adhe
VERSUS
The State Of Maharashtra Through Special Land Acquisition Officer (m.i.w.) Jalna And Ors WITH CIVIL APPLICATION NO. 3996 OF 2024 IN FAST/5674/2024 Rajesh Tulshiram Adhe
VERSUS
The State Of Maharashtra Through Special Land Acquisition Officer (m.i.w.) Jalna And Ors AND 949 CIVIL APPLICATION NO. 4080 OF 2024 IN FAST/5692/2024 Baba Meherban Adhe Died Thr Lrs Chandabai Baba Adhe And Ors
VERSUS
The State Of Maharashtra Throuh Special Land Acquisition Officer (lasica) Jalna And Ors WITH CIVIL APPLICATION NO. 4081 OF 2024 IN FAST/5694/2024 Shamrao Sitaram Rathod Died Thr Lrs Radhabai Shamrao Rathod And Ors
VERSUS
The State Of Maharashtra Throuh Special Land Acquisition Officer (lasica) Jalna And Ors ...
Mr. S. M. Kakde, Advocate f or Applicants Mr. S. S. Dande, AGP for Respondents-State .....
CORAM : AJIT B. KADETHANKAR.
DATED : 16TH SEPTEMBER, 2025 ORDER :- .
These are the Civil Applications for condonation of delay caused in filing the First Appeals. All the first appeals are filed by the claimants for enhancement in the award granted by the learned Reference Court in the respective Land Acquisition References as mentioned below:
C.A. No.
First Appeal St.
No.
L.A.R.
No.
Days of delay Decision Date Authority 3970/2024 6652/2024 793/2011 08.06.2016 3rd Joint Civil Judge, Senior Division, Jalna.
3979/2024 5668/2024 795/2011 22.06.2016 3987/2024 5663/2024 805/2011 27.07.2016 3995/2024 5672/2024 796/2011 20.06.2016 3996/2024 5674/2024 809/2011 20.06.2016 4080/2024 5692/2024 799/2011 18.06.2016 4081/2024 5694/2024 800/2011 18.06.2016 2.
The respective applicants submit that their source of earning and livelihood has been taken away due to compulsory acquisition of their property. That, very meager amount was awarded to the applicants by the Competent Authority. That even, the learned Reference Court has also not granted adequate enhancement to the applicants. Hence, present First Appeals are filed by the applicants. However, due to lack of legal knowledge, general awareness of the proceedings and poor financial condition despite a wish to get enhanced compensation, they could not approach for legal advise, nor could they file the present appeals well within limitation or at the earliest thereafter. With this, the applicants seek condonation of delay caused in filing present appeals.
3.
Per contra, the respondents oppose condonation of the delay, contending that the applications and appeals are 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.
Respective delays caused in filing First Appeals are hereby condoned.
b.
Appellants/Applicants shall not claim any benefit or statutory interest for the delayed period. c.
Civil Applications stand allowed.
d.
Registry to register the appeals, subject to removal of office objections, if any, by the applicants/appellants within two weeks from today. FIRST APPEALS .
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 Proceedings.
( AJIT B. KADETHANKAR, J. ) Rushikesh/2025