Bombay High Court
Navnath Gangaram Pandule vs The State Of Maharashtra Through The ... on 16 September, 2025
2025:BHC-AUG:25113
1
951 & 952
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
2
951 & 952
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:
First L.A.R. Days Decision Authority
C.A. No. Appeal St. No. of Date
No. delay
8266/2024 10996/2024 355/2013 342 30.01.2023
8264/2024 10982/2024 381/2013 335 30.01.2023
Civil
8265/2024 10988/2024 354/2013 342 30.01.2023 Judge,
8267/2024 11000/2024 356/2013 342 30.01.2023 Senior
Division,
8268/2024 11004/2024 360/2013 342 30.01.2023 Beed.
8269/2024 11008/2024 382/2013 342 30.01.2023
8286/2024 10706/2024 349/2013 342 30.01.2023
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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
951 & 952
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.
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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
