PANDHARINATH FAKIRA WAGHCHAURE (DIED) THR LRS WALMIK (DIED) THR LRS. LATA AND ORSversusTHE STATE OF MAHARASHTRA AND ORS

2026:BHC-AUG:41223



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                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                BENCH AT AURANGABAD

                               FIRST APPEAL NO. 4033 OF 2023

            Pandharinath Fakira Waghchaure (died)
            Through L..Rs.- Walmik (died)
            Through L.Rs. Lata And Ors.                                ..Appellants
                       VERSUS
            The State Of Maharashtra And Ors                           ..Respondents

                                              ----
            Mr.Yogesh Kale, Advocate for appellant
            Mr.B.V.Virdhe, AGP for respondent no.1
            Mr.G.S.Khaire h/f.Mr.S.S.Dande, Advocate for respondent nos.2 and 3
                                              ----

                                       CORAM :      AJIT B. KADETHANKAR, J.
                                       DATE  :      SEPTEMBER 03, 2026

            ORDER :-

                          Considering the short issue involved and by consent of the

            parties, the First Appeal is being disposed of at admission stage.


            2.            The appellant’s land admeasuring 3H 68 R situated at

            Mauje Jarul, Tq.Vaijapur, Dist. Aurangabad was acquired by the

            respondent/acquiring     body   for   the   purpose   of    M.I.D.C.   Feeling

            aggrieved by inadequate compensation in the award, the appellant

            instituted land acquisition reference before learned Civil Judge, Senior

            Division, Vaijapur vide L.A.R. No.259 of 2010 (New) L.A.R. No.165 of

            2004 (Old).    The trial court proceeded however the appellants could

            not produce any evidence in support of the claim. As such, vide order
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dated 22.08.2016 the claim petition came to be rejected. As against

that legal representatives of the claimants are before this court.


3.            It is submitted that failure on the part of the claimants to

adduce evidence in the given time was not deliberate.                  It is

submitted that in fact the original claimant died during pendency of

the proceedings on 14.09.2009 and hence, the appellants failed to

continue the proceedings timely nor could adduce evidence within

given time.     The trial court observed that the matter was age-old

beyond 10 years and hence for failure on account of the claimants to

adduce evidence it was needful to close down the file. As such the

claim petition came to be dismissed. Now, the appellants submit that

the appellants shall prosecute the claim petition meticulously

without    any      default.   It   is       also   submitted   that     the

appellants/claimants would not claim any interest during the period

from the date on which the matter was fixed for evidence till the

date on which the matter stands restored in the trial court. Reliance

is placed on the order passed by this court on 17.01.2020 in

Writ Petition No.12795 of 2019 (Walmik s/o. Trimbak Tupe Vs.

State of Maharashtra and anr.) with connected matter.
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4.             Mr.Khaire,   learned   advocate   holding   for   Mr.Dande,

learned advocate for the acquiring body prays to pass appropriate

order.


5.             It is not disputed that the appellants are land losers

whose sole livelihood is taken away due to compulsory land

acquisition.     The award is passed and compensation is granted.

Enhancement in the compensation is certainly a right of the

appellants provided that they prove the case for enhancement. Copy

of the death of certificate of original claimant Pandharinath Fakirba

Waghchoure is placed on record.             It appears that he died on

14.09.2009.      The reason advanced by the appellants for failing to

adduce the evidence needs to be accepted in the light of this fact. I

accept the contention of the appellants that while the reference is

filed for escalation in the compensation, no party would be fail to

prosecute      such   compensation     deliberately   unless     there     are

inevitable circumstances which prevented the party from continuing

with the prosecution.       In view of this I deem it appropriate in the

interest of justice to allow the First Appeal and to relegate the matter

back to the reference court for continuation of the trial court from

the stage on which it was dismissed.
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6.          Hence, I pass the following order:-

(I)         The     impugned   judgment       and   order   dated   dated

22.08.2016 passed by learned Civil Judge, Senior Division, Vaijapur

vide L.A.R. No.259 of 2010 (New) L.A.R. No.165 of 2004 (Old) is

quashed and set aside.         The matter is remanded back to the

concerned court for continuation of the trial from the stage at which

it was dismissed.

(II)        The appellants/claimants shall not be entitled for any

type of interest from the date on which the trial was firstly fixed for

evidence till the date on which the matter stands restored in the trial

court.

(III)       On the day of appearance itself the appellants shall file

their examination-in-chief and the reference court would conclude

the proceedings within six months thereafter.

(IV)          The Record and Proceedings be remitted back.

(V)         Party   shall   appear   before   the   reference   court   on

21.09.2026.    No separate notice for appearance of the parties is

needed.



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