Navnath Gangaram Pandule v. The State Of Maharashtra Through The Collector, Beed And Another
2025:BHC-AUG:25113
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 951 CIVIL APPLICATION NO. 8266 OF 2024 IN FAST/10996/2024 Ramkishan Appa Pandule And Another
VERSUS
The State Of Maharashtra Through The Collector, Beed And Another WITH CIVIL APPLICATION NO. 8265 OF 2024 IN FAST/10988/2024 Dattu Dada Pandule
VERSUS
The State Of Maharashtra Through The Collector, Beed And Another WITH CIVIL APPLICATION NO. 8269 OF 2024 IN FAST/11008/2024 Ajinath Gangaram Pandule
VERSUS
The State Of Maharashtra Through The Collector, Beed And Another WITH CIVIL APPLICATION NO. 8264 OF 2024 IN FAST/10982/2024 Navnath Gangaram Pandule
VERSUS
The State Of Maharashtra Through The Collector, Beed And Another WITH CIVIL APPLICATION NO. 8267 OF 2024 IN FAST/11000/2024 Chaya Mahadeo Pandule
VERSUS
The State Of Maharashtra Through The Collector, Beed And Another WITH CIVIL APPLICATION NO. 8268 OF 2024 IN FAST/11004/2024 Gorakh Gangaram Pandule
VERSUS
The State Of Maharashtra Through The Collector, Beed And Another
AND 952 CIVIL APPLICATION NO. 8286 OF 2024 IN FAST/10706/2024 Navnath Malhari Gore And Anr
VERSUS
The Stae Of Maharashtra Through The Collector Beed And Anr ...
Mr. S. S. Pawar hf/ Mr. R. R. Karpe, Advocate for Applicants Mr. S. V. Hange and Mr. S. S. Dande, AGP for respective Respondent-State .....
CORAM : AJIT B. KADETHANKAR.
DATED : 16TH SEPTEMBER, 2025 ORDER :- CIVIL APPLICATIONS FOR DELAY:
.
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 8266/2024 10996/2024 355/2013 30.01.2023 8264/2024 10982/2024 381/2013 30.01.2023 Civil Judge, Senior Division, Beed.
8265/2024 10988/2024 354/2013 30.01.2023 8267/2024 11000/2024 356/2013 30.01.2023 8268/2024 11004/2024 360/2013 30.01.2023 8269/2024 11008/2024 382/2013 30.01.2023 8286/2024 10706/2024 349/2013 30.01.2023
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 interest and statutory benefit 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