Ramnath Kisan Gaikwad v. The State Of Maharashtra Thr The Collector, Jalna And ORS

1 907-1100-2022CA

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 907 CIVIL APPLICATION NO.1100 OF 2022 IN FAST/26448/2021 BHAGUJI GAMAJI SHELKE 908 CIVIL APPLICATION NO.1101 OF 2022 IN FAST/26449/2021 MOTILAL HIRALAL JAIN AND ANOTHER THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR, JALNA AND OTHERS 909 CIVIL APPLICATION NO.1102 OF 2022 IN FAST/26452/2021 AAKRUR RAM DHANDGE Mr P.M. Kulkarni, A.G.P. for respondents no.1 and 2 910 CIVIL APPLICATION NO.1103 OF 2022 IN FAST/26454/2021 ANNASAHEB PANDURANG POTEKAR THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR, JALNA AND OTHERS

2 907-1100-2022CA 911 CIVIL APPLICATION NO.1104 OF 2022 IN FAST/26377/2021 SHIVAJI PIRAJI SOLANKE 912 CIVIL APPLICATION NO.1105 OF 2022 IN FAST/26355/2021 PRAKASH ASARAM SHELKE 913 CIVIL APPLICATION NO.1106 OF 2022 IN FAST/26319/2021 DHONDIRAM SITARAM AAHER (DIED) THR LRS KANTABAI WD/O DHONDIRAM AAHER Mr P.M. Kulkarni, A.G.P. for respondents no.1 and 2 -AND914 CIVIL APPLICATION NO.1107 OF 2022 IN FAST/26323/2021 SUNIL DIGAMBAR JANGLE

3 907-1100-2022CA 915 CIVIL APPLICATION NO.1108 OF 2022 IN FAST/26316/2021 DNYESHWAR KAKUJI SHINDE 916 CIVIL APPLICATION NO.1109 OF 2022 IN FAST/26310/2021 RAMNATH KISAN GAIKWAD 917 CIVIL APPLICATION NO.1110 OF 2022 IN FAST/26298/2021 RAMDAS KARBHARI GAIKWAD 918 CIVIL APPLICATION NO.1111 OF 2022 IN FAST/26413/2021 YADHAV JAGANNATH SHEDGE

4 907-1100-2022CA 919 CIVIL APPLICATION NO.1112 OF 2022 IN FAST/26265/2021 SAGAR CHANDRASHEKHAR SAWJI 920 CIVIL APPLICATION NO.1113 OF 2022 IN FAST/26336/2021 VIJAY CHATRUBHUJ SHINDE 921 CIVIL APPLICATION NO.1114 OF 2022 IN FAST/26339/2021 CHANDRAKALA DAULAT DHANDGE 922 CIVIL APPLICATION NO.1115 OF 2022 IN FAST/26353/2021 ROHIDAS JAGANNATH (THR UNDER GUARDIAN) TULSABAI AND ANR 923 CIVIL APPLICATION NO.1116 OF 2022 IN FAST/26321/2021

5 907-1100-2022CA DILIP NAGORAV WAGHMARE 924 CIVIL APPLICATION NO.1117 OF 2022 IN FAST/26464/2021 RAJABHAU BALAJI KARHALE 925 CIVIL APPLICATION NO.1118 OF 2022 IN FAST/26295/2021 BALAJI BALIBHAN GAIKWAD (DIED) THR LRS LAHU AND ANR 926 CIVIL APPLICATION NO.1119 OF 2022 IN FAST/26225/2021 RUSTUM MOHAN GAIKWAD 927 CIVIL APPLICATION NO.1120 OF 2022 IN FAST/26238/2021 DAULAT LIMBAJI DHANDGE AND ANR

6 907-1100-2022CA 928 CIVIL APPLICATION NO.1121 OF 2022 IN FAST/26261/2021 UDDHAV ASARAM BUNGE -AND929 CIVIL APPLICATION NO.1122 OF 2022 IN FAST/26459/2021 ANKUSH BHANUDAS DIVTE 930 CIVIL APPLICATION NO.1135 OF 2022 IN FAST/26381/2021 VILAS BAPURAO KORDE THR GPA HOLDER VIJAY CHATRBHUJ SHINDE 931 CIVIL APPLICATION NO.1136 OF 2022 IN FAST/26385/2021 ANKUSH RAM SOMWARE

7 907-1100-2022CA 932 CIVIL APPLICATION NO.1137 OF 2022 IN FAST/26389/2021 PANDURANG TUKARAM JANGLE 933 CIVIL APPLICATION NO.1138 OF 2022 IN FAST/26391/2021 PRAKASH RAMBHAU SOMWARE 934 CIVIL APPLICATION NO.1139 OF 2022 IN FAST/26393/2021 HARIDAS BHANUDAS KORDE 935 CIVIL APPLICATION NO.1140 OF 2022 IN FAST/26396/2021 CHATRABHUJ GANGADHAR PACHANGRE

8 907-1100-2022CA 936 CIVIL APPLICATION NO.1141 OF 2022 IN FAST/26399/2021 BABU GAJABA SOMWARE Mr P.M. Kulkarni, A.G.P. for respondents no.1 and 2 -AND937 CIVIL APPLICATION NO.1142 OF 2022 IN FAST/26403/2021 BABU BHAURAO PANCHAGRE 938 CIVIL APPLICATION NO.1143 OF 2022 IN FAST/26325/2021 SATISH BHIMRAO BUNGE AND ORS 939 CIVIL APPLICATION NO.1144 OF 2022 IN FAST/26332/2021 DWARKABAI W/O SAKHARAM SHEDGE THE STATE OF MAHARASHTRA THR THE COLLECTOR, JALNA ANDORS

9 907-1100-2022CA 940 CIVIL APPLICATION NO.1145 OF 2022 IN FAST/26334/2021 SUNITA HARIDAS KORDE 941 CIVIL APPLICATION NO.1146 OF 2022 IN FAST/26343/2021 VILAS CHATRUBHUJ SHINDE 942 CIVIL APPLICATION NO.1147 OF 2022 IN FAST/26185/2021 KAUSHALYABAI MUKTARAM DHANDGE 943 CIVIL APPLICATION NO.1148 OF 2022 IN FAST/26278/2021 DIGAMBAR TUKARAM JANGLE 944 CIVIL APPLICATION NO.1149 OF 2022 IN FAST/26269/2021

10 907-1100-2022CA SOMNATH VISHWANATH DASHRATH Mr P.M. Kulkarni, A.G.P. for respondents no.1 and 2 945 CIVIL APPLICATION NO.1150 OF 2022 IN FAST/26263/2021 RAMDAS BHANUDAS KORDE 946 CIVIL APPLICATION NO.1151 OF 2022 IN FAST/26267/2021 MEERABAI ASHOK SHINDE 947 CIVIL APPLICATION NO.1152 OF 2022 IN FAST/26259/2021 AASARAM SHAHURAO DIVTE 948 CIVIL APPLICATION NO.1153 OF 2022 IN FAST/26302/2021 MUKTARAM LIMBAJI DHADGE

11 907-1100-2022CA 949 CIVIL APPLICATION NO.1154 OF 2022 IN FAST/26280/2021 BALIRAM TUKARAM JANGLE 950 CIVIL APPLICATION NO.1155 OF 2022 IN FAST/26276/2021 DATTA TUKARAM JANGLE 951 CIVIL APPLICATION NO.1156 OF 2022 IN FAST/26272/2021 SAKHARAM PATILBA SHEDGE Mr P.M. Kulkarni, A.G.P. for respondents no.1 and 2 952 CIVIL APPLICATION NO.1157 OF 2022 IN FAST/26437/2021 CHAND BEG MEHTAB BEG

12 907-1100-2022CA Mr P.M. Kulkarni, A.G.P. for respondents no.1 and 2 953 CIVIL APPLICATION NO.1158 OF 2022 IN FAST/26306/2021 GOVIND DATTATRAY BAVASAKAR Mr S.N.Morampalle, A.G.P. for respondents no.1 and 2 954 CIVIL APPLICATION NO.1159 OF 2022 IN FAST/26314/2021 AATMARAM SITARAM KORDE 955 CIVIL APPLICATION NO.1160 OF 2022 IN FAST/26274/2021 DEEPAK AASARAM BUNGE 956 CIVIL APPLICATION NO.1161 OF 2022 IN FAST/26345/2021 DEVNATH GANPAT GAIKWAD

13 907-1100-2022CA 957 CIVIL APPLICATION NO.1162 OF 2022 IN FAST/26341/2021 NANDABAI W/O VITTHAL SHINGTE 958 CIVIL APPLICATION NO.1163 OF 2022 IN FAST/26421/2021 VILAS BABASAHEB POTEKAR 959 CIVIL APPLICATION NO.1164 OF 2022 IN FAST/26349/2021 TULSHIRAM BHAGWAT KORDE AND ANR 960 CIVIL APPLICATION NO.1165 OF 2022 IN FAST/26457/2021 LAXMAN ANKUSH BORKAR

14 907-1100-2022CA 961 CIVIL APPLICATION NO.1166 OF 2022 IN FAST/26444/2021 PRAKASH BAPURAO SHINDE 962 CIVIL APPLICATION NO.3776 OF 2022 IN FAST/26406/2021 DADABHAU GANGADHAR PANCHAGRE CORAM : SHRIKANT D. KULKARNI, J.

DATE : 24th March, 2022 PER COURT :

1.

Heard Mr S.S. Tope, learned Advocate for the applicants/original claimants and learned A.G.P.s for respondents no.1 and 2 in respective applications.

2.

Mr S.S. Tope, learned Advocate for the applicants/original claimants submitted that it is a case of compulsory land acquisition of farmers by the State for construction of Tanwadi Storage Tank at Tanwadi (Rahera), Ramgvhan, Bhadregaon (kh), Taluka Ghansawangi, District Jalna.. The claimants could not arrange for the funds so as to prefer appeals within time. Ultimately, it resulted in delay. There is no intentional delay on the part of respective claimants. Mr Tope has placed his reliance on guidelines laid down by the Honourable Supreme Court in case of Dhiraj Singh (D) Tr. Vs. Haryana State, reported in MANU/SC/0778/2014 and urged to condone the delay by taking liberal view.

15 907-1100-2022CA 3.

Mr Tope, learned Advocate for the applicants/original claimants placed reliance on the order dated 10.1.2022 passed by the Honourable Supreme Court in Miscellaneous Application No.21 of 2022 in Miscellaneous Application No.665 of 2021 in Suo Motu Writ Petition (C) No.3 of 2020 along with connected matters wherein Honourable Supreme Court directed extension of the period of limitation due to COVID-19 pandemic.

4.

Learned A.G.P.s for respondents no.1 and 2 in respective applications strongly opposed to condone the delay. They submitted that there is inordinate delay in preferring the appeals. The reasons assigned by the claimants are neither sufficient nor strong. There is no merit in the applications. Hence, applications for condonation of delay may be rejected.

6.

I have considered the submissions made by Mr S.S. Tope, learned Advocate for applicants/original claimants and learned A.G.P.s for respondents no.1 and 2 in respective applications. In these Civil Applications, the delay ranges between 631 to 869 days. There is no dispute that the State has acquired the agricultural lands of the respective claimants for construction of Tanwadi Storage Tank at Tanwadi (Rahera), Ramgvhan, Bhadregaon (kh), Taluka Ghansawangi, District Jalna. It was a case of compulsory land acquisition. Even there is inordinate delay, the delay needs to be condoned in view of guidelines laid down by the Honourable Supreme Court in case of Dhiraj Singh (D) Tr. Vs. Haryana State (supra).

It is held by the Honourable Supreme Court that a different yardstick needs to be applied while deciding the application for condonation of delay arising out of land acquisition matters. It is further laid down by the Honourable Supreme Court that in the matter of land acquisition, where land of farmers is acquired, a liberal approach is to be taken. These persons should not be deprived of the reasonable compensation for their lands.

16 907-1100-2022CA at the threshold on the technicality of limitation. It is not proper to take hyper technical view.

7.

In view of guidelines laid down by the Honourable Supreme Court in case of Dhiraj Singh (D) Tr. Vs. Haryana State (supra), the applications filed by the respective claimants need to be allowed. However, the applicants need to waive the statutory benefits and interest for the delayed period and they have to furnish undertakings to that effect by way of equity.

ORDER

The Civil Applications are hereby allowed on following conditions : (i) The applicants/claimants shall furnish their undertakings with the Registrar (Judicial) of this Court stating that they shall not claim statutory benefits and interest for the delayed period.

(iii) After furnishing such undertakings by the applicants, Registry to make scrutiny of the appeals and thereafter the appeals be numbered and placed before the Court for admission.

(iv) The Civil Applications are accordingly disposed of. ( SHRIKANT D. KULKARNI, J.) vvr