Bombay High Court
Baba Meherban Adhe Died Thr Lrs ... vs The State Of Maharashtra Throuh Special ... on 16 September, 2025
2025:BHC-AUG:25228
1
945 to 949
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
945 CIVIL APPLICATION NO. 3970 OF 2024
IN FAST/6652/2024
Pandit Meharban Adhe (died) Thr. Lrs Shantabai Pandit Adhe
And Ors
VERSUS
The State Of Maharashtra Through Special Land Acquisition
Officer, (m.i.w.), Jalna.
AND
946 CIVIL APPLICATION NO. 3979 OF 2024
IN FAST/5668/2024
Omkar Shankar Aadhe
VERSUS
The State Of Maharashtra Through Special Land Acquisition
Officer (m.i.w.) Jalna And Ors
AND
947 CIVIL APPLICATION NO. 3987 OF 2024
IN FAST/5663/2024
Gorakh Dharma Adhe
VERSUS
The State Of Maharashtra Through Special Land Acquisition
Officer (m.i.w.) Jalna And Ors
AND
948 CIVIL APPLICATION NO. 3995 OF 2024
IN FAST/5672/2024
Sagarabai Dharma Adhe
VERSUS
The State Of Maharashtra Through Special Land Acquisition
Officer (m.i.w.) Jalna And Ors
WITH
CIVIL APPLICATION NO. 3996 OF 2024
IN FAST/5674/2024
Rajesh Tulshiram Adhe
VERSUS
2
945 to 949
The State Of Maharashtra Through Special Land Acquisition
Officer (m.i.w.) Jalna And Ors
AND
949 CIVIL APPLICATION NO. 4080 OF 2024
IN FAST/5692/2024
Baba Meherban Adhe Died Thr Lrs Chandabai Baba Adhe And
Ors
VERSUS
The State Of Maharashtra Throuh Special Land Acquisition
Officer (lasica) Jalna And Ors
WITH
CIVIL APPLICATION NO. 4081 OF 2024
IN FAST/5694/2024
Shamrao Sitaram Rathod Died Thr Lrs Radhabai Shamrao
Rathod And Ors
VERSUS
The State Of Maharashtra Throuh Special Land Acquisition
Officer (lasica) Jalna And Ors
...
Mr. S. M. Kakde, Advocate f or Applicants
Mr. S. S. Dande, AGP for Respondents-State
.....
CORAM : AJIT B. KADETHANKAR.
DATED : 16TH SEPTEMBER, 2025
ORDER :
-
. These are the Civil Applications for condonation of
delay caused in filing the First Appeals. 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:
945 to 949
First L.A.R. Days Decision Authority
C.A. No. Appeal St. No. of Date
No. delay
3970/2024 6652/2024 793/2011 2725 08.06.2016
3rd Joint
3979/2024 5668/2024 795/2011 2705 22.06.2016
Civil
3987/2024 5663/2024 805/2011 2670 27.07.2016 Judge,
3995/2024 5672/2024 796/2011 2707 20.06.2016 Senior
Division,
3996/2024 5674/2024 809/2011 2707 20.06.2016 Jalna.
4080/2024 5692/2024 799/2011 2709 18.06.2016
4081/2024 5694/2024 800/2011 2709 18.06.2016
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.
945 to 949
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."
945 to 949
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
benefit or statutory interest 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
