[Cites 1, Cited by 0]
Bombay High Court
The State Of Maharashtra Through The ... vs Kashinath Laxman Khamgal(Deceased) ... on 15 April, 2026
Author: Abhay Ahuja
Bench: Abhay Ahuja
2026:BHC-AS:17697
3-CAF-4687-2013.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
CIVIL APPLICATION NO. 4687 OF 2013
IN
FIRST APPEAL NO. 442 OF 2011
The State of Maharashtra, through the
Special Land Acquisition Officer No.10 ... Applicant
Versus
Kashinath Laxman Khamgal,
since deceased through his LRs
Smt Suganda Kashinath Khamgal and others ... Respondents
WITH
CIVIL APPLICATION NO. 4686 OF 2013
IN
FIRST APPEAL NO. 442 OF 2011
WITH
FIRST APPEAL NO. 442 OF 2011
............
Mr. A.R. Patil, Additional Government Pleader for the State.
............
CORAM : ABHAY AHUJA, J.
DATE : 15 APRIL 2026
P.C. :
Civil Application No.4686 of 2013 :
1. This Civil Application seeks restoration of the First Appeal
that stood abated against the sole Respondent by order dated 6 th May
2013 as no steps were taken by the Appellant to bring the legal
heirs/representatives of the deceased Respondent on record within the
time granted vide the said order.
3-CAF-4687-2013.doc
2. Mr. Patil, learned Additional Government Pleader appears for
the Applicant and submits that the Application has been served and
despite that none appears. It is submitted that after the order dated 6 th
May 2013 soon after learning that the sole Respondent was dead as the
notice issued to the sole Respondent had been returned unserved with
the Bailiff's remark 'dead', the Government Pleader's office called upon
the Deputy Collector (Land Acquisition), Pune to furnish death
certificate of the Defendant as well as the names and addresses of the
legal heirs/ representatives of the deceased sole Respondent, however,
the Deputy Collector informed the Office of the Government Pleader by
his letter dated 17th June 2013 that the sole Respondent had died on
27th October 1996 and also furnished death certificate of the
Respondent. That when the matter came up before the Registrar and
after the death of the sole Respondent came to knowledge, the
concerned officer took some time to find out the correct names and
addresses of the legal heirs/represenatives after which the same was
intimated to the Government Pleader's office and therefore there has
been a delay of 19 days in filing the Civil Application. Mr. Patil submits
that the Applicant has a good chance of success on merits and that the
Appeal be restored.
3-CAF-4687-2013.doc
3. Having heard the learned Additional Government Pleader and
having considered his submissions, I am of the view that sufficient
cause to condone the delay has been made out. Accordingly, the delay
is condoned. This Court is also convinced that there are sufficient
grounds to restore the First Appeal as there is a separate Civil
Application No. 4687 of 2013 that has been filed to bring the legal
heirs/representatives of the deceased sole Respondent on record.
4. Accordingly, the First Appeal stands restored.
5. The Civil Application accordingly stands allowed and disposed
as above.
Civil Application No.4687 of 2013 :
6. This Civil Application seeks to bring the legal heirs/
representatives of the deceased sole Respondent on record after
condoning the delay of 16 years and 180 days.
7. Mr. Patil, learned Additional Government Pleader appearing
for the State submits that by letter dated 6 th May 2013 soon after
learning that the sole Respondent was dead as the notice issued to the
sole Respondent had been returned unserved with the Bailiff's remark
'dead', the Government Pleader's office addressed a communication
dated 6th May 2013 to the Deputy Collector (Land Acquisition) No.19,
3-CAF-4687-2013.doc
Pune to furnish death certificate as well as names and addresses of the
legal heirs/representatives of the deceased sole Respondent and the
Deputy Collector by letter dated 17th June 2013 furnished not only the
death certificate of the sole Respondent but also the names and details
of the legal heirs/representatives of the deceased sole Respondent.
That the concerned officer searched the death certificate of the
deceased Respondent, but they could not get any entry in the registered
book in the office of the Gram Panchayat. That therefore there has
been a delay in preferring this Civil Application. It is submitted that
since the First Appeal that has just been restored has been filed
challenging the enhanced compensation at the rate of Rs.26,700/- per
hectare granted by the Reference Court as against the compensation at
the rate of Rs.10,000/- per hectare granted by the Special Land
Acquisition Officer, having a good case on merits, this Court may allow
the Civil Application, so that the First Appeal can be heard on merits
against the legal heirs/representatives of the deceased sole Respondent.
8. Although an endeavour has been made to explain the delay of
16 years and 180 days and explanation although not entirely
satisfactory but is believable as many a time the death of the original
claimant/land owner is not known to the State Pleaders and/or not
informed to them. Ergo, in view of the submissions made, this Court is
3-CAF-4687-2013.doc
inclined to allow the application. Accordingly, the Civil Application is
allowed. The delay is condoned.
9. Let the legal heirs/representatives of the deceased
Respondent as set out in paragraph 4 of the Application be brought on
record.
10. Let the amendments be carried out forthwith.
11. Reverification is dispensed with.
First Appeal No. 442 of 2011 :
12. Since Mr. Patil, learned Additional Government Pleader
appearing for the State has submitted that the First Appeal may also be
disposed of as the enhancement is meager, the First Appeal, which is
not on board, is taken on board.
13. Mr. Patil, learned Additional Government Pleader has
submitted that the Appeal pertains to acquisition with respect to
Section 4 notification dated 2nd February 1984, Section 11 award dated
1st September 1986 for the New Mutha Right Bank Canal Project.
14. It is further submitted that since the enhancement that has
been granted is meager, this Court may consider passing similar order
that has been passed by this Court, in the cases of State of Maharashtra
vs. Shri. Ananda Vagu Tuplondhe and another1 and The State of
1 Order dated 05th January 2026 passed in First Appeal No. 177 of 2011
3-CAF-4687-2013.doc
Maharashtra vs. Shri. Kisan Dagadu Chavan and others2 and the other
orders passed subsequently by this Bench.
15. It is observed that in the present First Appeal before this
Court, the Special Land Acquisition Officer ("SLAO") has granted
compensation of Rs.3,421.25/-, which has been enhanced by the
Reference Court to Rs. 5,678/-, and the State Government has filed this
Appeal against the order of enhancement.
16. However, in view of the orders of this Court in the cases of
State of Maharashtra vs. Shri. Ananda Vagu Tuplondhe and another
(supra) and The State of Maharashtra vs. Shri. Kisan Dagadu Chavan
and others (supra) and the other orders passed subsequently by this
Bench, this Court proposes to follow the same course of action to
dismiss the Appeal of the State Government on account of the meager
amount of compensation.
17. The Appeal accordingly stands dismissed and as such the
compensation determined by the Reference Court is upheld.
18. However, this order should not be treated as a precedent in
determining the compensation of the adjacent lands and such matters
be decided on their own merits.
(ABHAY AHUJA, J.)
2 Order dated 05th January 2026 passed in First Appeal No.178 of 2011
