Govind Hanmantrao Bhande Died Thr. Lrs. Haridas Govindrao Bhande And ORS v. The State Of Maharashtra Through The Collector Latur And ORS.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 13276 OF 2024 IN FAST/26020/2024 Govind Hanmantrao Bhande Died Thr. Lrs. Haridas Govindrao Bhande And Ors

VERSUS

The State Of Maharashtra Through The Collector Latur And Ors.

...

Mr. V. G. Sakolkar And Mr. H. B. Nandagavale, Advocate for Applicants Mr. S. S. Dande, AGP for Respondent-State Mr. P. R. Tandale, Advocate for Respondent no.2 .....

CORAM : AJIT B. KADETHANKAR.

DATED : 16TH SEPTEMBER, 2025 ORDER :- .

Present First appeal is filed by the claimant for enhancement in the award granted by the learned Reference Court dated 15.02.2021, in L. A. R. No.292 of 2013, passed by learned Civil Judge Senior Division, Udgir, Dist. Latur. 2.

The 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 Appeal is 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 appeal. 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.

Delay of 837 days caused in filing First Appeal is hereby condoned.

b.

Appellants/Applicants shall not claim any interest and statutory benefit for the delayed period. c.

Civil Application stands allowed.

d.

Registry to register the appeal, subject to removal of office objections, if any, by the applicants/appellants 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. Learned Advocate Mr. P. R. Tandale waives service of notice for respondent no.2 2.

Call Record and Proceeding.

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