Dayanand Dattuba Raut And ORS v. The State Of Maharashtra Through Collector, Beed And ANR

2025:BHC-AUG:25059 ( 1 )

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 75 CIVIL APPLICATION NO. 5723 OF 2025 IN FAST/12881/2025 DAYANAND DATTUBA RAUT AND ORS

VERSUS

THE STATE OF MAHARASHTRA THROUGH COLLECTOR, BEED AND ANR ...

Mr. Y. L. Bidve, Advocate for Applicants Mr. S. V. Hange, AGP for Respondents-State ...

CORAM

: AJIT B. KADETHANKAR, J.

DATE : 15th SEPTEMBER 2025 PER COURT :- 1.

This is an application seeking condonation of delay for 946 days caused in filing the present First Appeal. 2.

The applicants submit that their source of earning and livelihood has been taken away due to compulsory acquisition of his 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 Appeal is filed by the applicants. However, due to lack of legal knowledge, general awareness of the proceedings and poor

( 2 ) financial conditions despite a wish to get enhanced compensation, they could not approach for legal advise, nor could they file the present appeal well within limitation or at the earliest thereafter. With this, the applicants seek condonation of delay caused in filing present appeal. 3.

Per contra, the respondents oppose condonation of the delay, contending that the application and appeal 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 :-

( 3 ) "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: a.

Delay of 946 days, caused in filing First Appeal is hereby condoned.

b.

Civil Application stands allowed.

c.

Applicants shall not claim any benefit or statutory interest for the delayed period.

d.

Registry to register the appeal, subject to removal of office objections, if any, by the applicants/appellants within two weeks from today.

7.

After registration, the First Appeal is admitted. 8.

Learned AGP waives service of notice for respondent nos.1 and 2.

9.

Call Record and Proceeding.

[AJIT B. KADETHANKAR, J.] PRW