RAVAN SATAPPA MOREversusTHE STATE OF MAHARASHTRA AND ANR

2026:BHC-AUG:42809



                                                                    12-CA.649 of 2019.odt


                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 BENCH AT AURANGABAD

                             CIVIL APPLICATION NO. 649 OF 2019
                                     IN FAST/34252/2018

                                      Ravan Satappa More
                                             VERSUS
                                The State Of Maharashtra And Anr.
                                               ----
            Mr.V.V.Ingle, Advocate for applicant
            Mr.S.P.Sonpavale, AGP for respondents
                                               ----

                                     CORAM :      AJIT B. KADETHANKAR, J.
                                     DATE  :      SEPTEMBER 15, 2026

            ORDER :-


                        Feeling aggrieved by the judgment and award dated

            11.08.2011 passed by learned Civil Judge, Senior Division, Omerga, in

            Land Acquisition Reference No.25 of 2008 (New)/158 of 2002 (Old), the

            appellant has filed First Appeal for enhancement.     The present civil

            application is for condonation of delay of 2549 days in filing the First

            Appeal.

            2.          The applicants/appellants submit that their source of

            earning and livelihood has been taken away due to compulsory

            acquisition of his 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
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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 conditions despite a wish to get

enhanced compensation, they could not approach for legal advise,

nor could they file the present appeal well within limitation or at the

earliest thereafter. With this, the applicants seek condonation of

delay caused in filing present appeal.


3.           Per contra, learned AGP for the respondents opposes

condonation of the delay, contending that the application and appeal

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.
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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 2549 days, caused in filing First Appeal
              is hereby condoned.

              b.       Civil Application stands allowed.

              c.    Applicants shall not claim any benefit or
              statutory interest for the delayed period.

              d.       Registry to register the appeal.


7.            On registration of the appeal, issue notice to the

respondents.       Learned AGP waives service of notice for                  the

respondents.
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In First Appeal Stamp No.34252 of 2018:-

8.         In appeal, learned learned advocate for the appellants

and learned AGP for the respondents.


9.         Mr.V.V.Ingle, learned advocate for the appellants would

cite order dated 13.07.2026 passed by this court in First

Appeal No.388 of 2019 (Vinita Govindrao Purne Vs. State of

Maharashtra and anr.) and order dated 15.06.2026 passed by

this Court in First Appeal No.12 of 2018 (Parvati Mahadeo

Survase Vs. State of Maharashtra), wherein this court has

defined the entitlement of the appellants therein at the rate of Rs.20

per sq. ft. for the acquired land. He submits that the cited orders

arise out of the same land acquisition proceedings which is the

subject-matter of the present appeal. He would further submit that

the First Appeal No.388 of 2019 arise out of L.A.R. No.601 of 2005

which was decided vide common judgment and order in the present

matter. Thus, he submits that the First Appeal may be partly allowed

holding the appellants for compensation at the rate of Rs.20 per sq.

ft.


10.        Mr.Sonpavale, learned AGP on instructions submits that

indeed this court has passed order in the connected matters wherein

the entitlement is held at Rs.20 per sq. ft., as contended by
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Mr.Ingale, learned advocate for the appellants. Further, learned AGP

submits that the appeal may be partly allowed holding the

appellants entitled for compensation at the rate Rs.20/- per sq. ft.


11.         In view of the above, I pass following order:-


A.          The appeals are partly allowed. The appellants are

entitled for compensation at Rs.20/- per sq. ft. (Rs.20,000/- per R) for

the acquired land.


B.          The appellants shall be entitled to interest under

Sections 28 and 34 of the Land Acquisition Act from the date of final

award as per the judgment in the State of Maharashtra Vs.

Kailash Shiva Rangari, 2016(4) All M.R. 513.


C.          Save and except above modification, the impugned

judgment and award shall stand unaltered.

D.          The appellants shall not be entitled to receive interest

and statutory benefits for the delayed period.

E.          The appellants shall pay the deficit court fee


F.          The   respondent/acquiring     body    shall     deposit      the

enhanced compensation in this court within six months from today.

Any amount already paid/deposited shall be adjusted.
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G.          The deposit shall carry updated interest.


H.          If such amount is deposited, the appellants shall be at

liberty to withdraw the same without filing separate Civil Application.




                                 [AJIT B. KADETHANKAR, J.]
                               ………..


KBP