[Cites 1, Cited by 0]
Bombay High Court
The State Of Maharashtra Through The ... vs Shri. Namdeo Kalu Waghera And Ors. on 4 February, 2026
Author: Abhay Ahuja
Bench: Abhay Ahuja
2026:BHC-AS:5859
15-FA-189-2016.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Digitally signed
CIVIL APPELLATE JURISDICTION
by KANCHAN
KANCHAN PRASHANT
PRASHANT
DHURI
DHURI
Date:
FIRST APPEAL NO. 189 OF 2016
2026.02.04
19:27:24 +0530
The State of Maharashtra through
the Collector, Nashik and others ... Appellants
Versus
Shri. Namdeo Kalu Waghera and others ... Respondents
WITH
INTERIM APPLICATION NO. 11846 OF 2025
IN
FIRST APPEAL NO. 189 OF 2016
............
Mr. A.R. Patil, Additional Government Pleader for the State-Appellant.
Ms. Bhavna Khemani instructed by Mr. Anil Ahuja, Advocate for the
Respondents.
............
CORAM : ABHAY AHUJA, J.
DATE : 4 FEBRUARY 2026
P.C. :
Interim Application No.11846 of 2025 :
1. This Interim Application seeks condonation of delay and
setting aside the abatement and thereafter to bring on record the legal
heirs of the deceased Respondent No.2.
2. Mr. Patil, learned Additional Government Pleader appearing
for the State submits that for the reasons stated in paragraphs 2 to 6 of
the Application, there has been a delay in preferring these Application,
which is not intentional and that the same be allowed as the same is
administrative delay.
15-FA-189-2016.doc
3. Mr. Patil submits that although this Court has in earlier such
matters imposed costs, however, the claim is small and within four
times as covered by three State notifications, in the interest of justice
and in the interest of legal heirs of the original claimants, this Court
may not impose any costs.
4. Ms. Khemani, learned Counsel appearing for the original
Claimants as well as the legal heirs of the deceased Respondent No.2
does not raise any particular objection, if the Interim Application is
allowed.
5. Having heard the learned Counsel and having considered
their submissions, for the reasons stated in the application and as
submitted before this Court, the Interim Application is allowed in terms
of prayer clauses (b), (c) and (d), which read thus :
(b) That this Hon'ble Court be pleased to
condone the delay of four years and 206 days in
preferring the abovementioned Interim Application.
(c) That this Hon'ble Court be pleased to set
aside the abatement in the abovementioned matter.
(d) That this Hon'ble Court be pleased to allow
the applicant to bring legal heirs on record of
deceased Respondent No.2 as stated hereinabove.
6. Let the amendments be carried out forthwith.
7. Re-verification is dispensed with.
8. Interim Application to accordingly stand allowed and
disposed as above. No costs in view of the above submissions.
15-FA-189-2016.doc
First Appeal No. 189 of 2016 :
9. When the matter is called out, Mr. Patil, learned Additional
Government Pleader submits that he appears for the Appellant-State
and that the Appeal pertains to acquisition with respect to Section 4
notification dated 6th August 1999, Section 11 award dated 29 th June
2002 for the Submergence of Suple Dam Project.
10. Mr. Patil submits that in view of notifications dated 3 rd
November 2016, 11th May 2018 and 13th August 2018 of the State
Government (the "said notifications"), which the learned Additional
Government Pleader tenders across the bar, the State has authority to
withdraw an Appeal where the compensation as awarded or enhanced
by the Reference Court is less than four times of the amount of
compensation awarded by the Special Land Acquisition Officer
("SLAO") and that this Court may consider passing similar order that
has been passed by this Court, in the cases of State of Maharashtra vs.
Shri. Babu Rajaram Chavan, through LRs Rajaram Baburao Chavan and
others1 and The State of Maharashtra vs. Shri. Balu Narayan Chavan,
through LRs Prakash Balu Chavan and others 2 and the other orders
passed subsequently by this Bench.
1 Order dated 05th January 2026 passed in First Appeal No. 172 of 2011
2 Order dated 05th January 2026 passed in First Appeal No.173 of 2011
15-FA-189-2016.doc
11. Mr. Patil submits that in the present Appeal, the SLAO had
awarded amount of Rs.1,24,359/- in respect of the acquired land,
whereas the Reference Court has enhanced the same to Rs.4,02,956/-
and accordingly, on the basis of the said notifications, he has
instructions to withdraw the said Appeal.
12. In view of the said notifications and the orders of this Court in
the cases of State of Maharashtra vs. Shri. Babu Rajaram Chavan,
through LRs Rajaram Baburao Chavan and others (supra) and The
State of Maharashtra vs. Shri. Balu Narayan Chavan, through LRs
Prakash Balu Chavan and others (supra) and the other orders passed
subsequently by this Bench, this Court allows the Appellant-State to
withdraw the First Appeal.
13. The First Appeal accordingly stands disposed as withdrawn.
14. Refund of Court fees as per rules.
(ABHAY AHUJA, J.)
