Bombay High Court

TUKYA KUTRYA BHIL (DIED) THR LRS. NANIBAI TUKYA BHIL (VASAVE) AND OTHERSversusTHE STATE OF MAHARASHTRA AND ORS

Disposal: Admitted/Allowed/Granted/Rule Absolute
Bench: SANJAY A DESHMUKH

Holding

The court condoned the delays and set aside the abatement, allowing the applications.

Summary

The petitioners sought condonation of delays ranging from 918 to 7,182 days in filing civil applications to bring the legal representatives of deceased appellants on record and to set aside the abatement of their claims. The State opposed the applications. The court examined the submissions and relied on the Supreme Court’s decision in New Okhla Industrial Development Authority v. Rameshwar (2022), which held that claimants are entitled to reasonable compensation comparable to similarly situated landowners and that delays not deliberately caused may be condoned in the interest of justice. Accordingly, the court allowed the applications, set aside the abatement, and condoned the delays. The petitioners were directed to amend the appeal memo to include the legal representatives by 23 February 2026, and the civil applications were disposed of.

Issues considered

Whether the delay of 918, 7,182, 7,598 and 4,716 days in filing the civil applications can be condoned.
Whether the abatement of the petitioners' claims should be set aside.

Subjects

condonation of delay
abatement
legal representatives
civil procedure
Supreme Court precedent
compensation
landowners

Judgment

                                             912 CA NO. 7940 OF 2022.odt


      IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                 BENCH AT AURANGABAD

           912 CIVIL APPLICATION NO. 7940 OF 2022
                        IN FA/942/2003
Tukya Kutrya Bhil (died) Thr Lrs. Nanibai Tukya Bhil (vasave) And
                                Others
                               VERSUS
                 The State Of Maharashtra And Ors
                                  ...
Mr. D.M. Pingale, Advocate for Applicant
Mr. V. V. Jahagirdar, AGP for Respondents/State
                                 AND
               CIVIL APPLICATION NO. 7943 OF 2022
                           IN FA/942/2003
Tukya Kutrya Bhil (died) Thr Lrs. Nanibai Tukya Bhil (vasave) And
                                Others
                               VERSUS
                 The State Of Maharashtra And Ors
                                  …
Mr. D.M. Pingale, Advocate for Applicant
Mr. V. V. Jahagirdar, AGP for Respondents/State
                                 AND
               CIVIL APPLICATION NO. 7941 OF 2022
                           IN FA/942/2003

Tukya Kutrya Bhil (died) Thr Lrs. Nanibai Tukya Bhil (vasave) And
                                Others
                               VERSUS
                 The State Of Maharashtra And Ors
                                  …
Mr. D.M. Pingale, Advocate for Applicant
Mr. V. V. Jahagirdar, AGP for Respondents/State
                                 AND
               CIVIL APPLICATION NO. 7942 OF 2022
                           IN FA/942/2003

Tukya Kutrya Bhil (died) Thr Lrs. Nanibai Tukya Bhil (vasave) And
                             Others
                            VERSUS
               The State Of Maharashtra And Ors

                                                                1 of 3
                                   (( 2 ))        912 CA NO. 7940 OF 2022


                                   …
Mr. D.M. Pingale, Advocate for Applicant
Mr. V. V. Jahagirdar, AGP for Respondents/State
                                   ….

                     CORAM : SANJAY A. DESHMUKH, J.
                        DATE : 17.02.2026
PER COURT :-

1.        Heard.


2.        These are the applications for condonation of 918, 7182,

7598 and 4716 days delay respectively caused in filing the Civil

Applications for bringing the legal representatives of deceased

appellants on record as well as for setting aside abatement.


3.         Learned AGP for respondent-State strongly opposed the

applications.


4.          Perused the applications. For the reasons stated therein

and considering the law laid down by the Hon’ble Supreme Court in

Civil Appeal No.8331-8345 of 2022 in the case of New Okhla

Industrial Development Authority Vs. Rameshwar @ Ramesh

Chandra Sharma (Dead) Through Legal heir & Anr. decided on

17.11.2022, the claimants are entitled to receive reasonable amount

of compensation at par with other similarly situated landowners.

Therefore, the delay deserves to be condoned in the interest of justice,

                                                                      2 of 3
                                         (( 3 ))      912 CA NO. 7940 OF 2022


as it is not deliberately caused. Hence, the following order:

                             ::ORDER::

           a.    The applications are allowed by setting aside
           the abatement.

           b.    The delay of 918, 7182, 7598 and 4716 days
           respectively caused in filing the Civil Applications for
           bringing   the legal representatives of deceased
           Appellants on record is condoned.

           c.    The applicants are directed to amend the
           appeal memo by bringing the legal representatives of
           the deceased appellants on record on or before
           23.02.2026.

           d.    The Civil Applications are disposed of.



.               List the appeal on 23.02.2026 at 02:30 P.M.




                                      [ SANJAY A. DESHMUKH, J. ]
HRJadhav




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