Sopan Shripati ThoratSince deceased & Ors. v. The State of Maharashtra throughCollector Ahmednagar. RespondentsWITHCIVIL APPLICATION NO. 2335 OF 2025 & Anr.

1 88 ca 2334.25 groupIN THE HIGH COURT OF JUDICATURE AT BOMBAYBENCH AT AURANGABADCIVIL APPLICATION NO. 2334 OF 2025INFIRST APPEAL STAMP NO. 35451 OF 2024Sopan Shripati ThoratSince deceased through his L.Rs.Kishor Sopanrao Thorat and others.. ApplicantsVersusThe State of Maharashtra throughCollector Ahmednagar and another.. RespondentsWITHCIVIL APPLICATION NO. 2335 OF 2025INFIRST APPEAL STAMP NO. 35502 OF 2024Balkrushna Jaywant Kurhat.. ApplicantVersusThe State of Maharashtra throughCollector Ahmednagar and another.. RespondentsCIVIL APPLICATION NO. 2336 OF 2025INFIRST APPEAL STAMP NO. 35503 OF 2024Vitthal Nana PundeSince deceased through his L.Rs.Machindra Vithal Punde.. ApplicantVersusThe State of Maharashtra throughCollector Ahmednagar and another.. RespondentsCIVIL APPLICATION NO. 2337 OF 2025INFIRST APPEAL STAMP NO. 35505 OF 2024Machhindra Chandrabhan Honde.. Applicant 2 88 ca 2334.25 groupVersusThe State of Maharashtra throughCollector Ahmednagar and another.. RespondentsCIVIL APPLICATION NO. 2343 OF 2025INFIRST APPEAL STAMP NO. 35455 OF 2024Gorakhnath Bhikaji Sonar @Udawant Since deceased through his L.Rs.Ushabai Sudhakar Dahale and others.. ApplicantsVersusThe State of Maharashtra throughCollector Ahmednagar and another.. RespondentsCIVIL APPLICATION NO. 2344 OF 2025INFIRST APPEAL STAMP NO. 35453 OF 2024Sumanbai Gangadhar Ghadge.. ApplicantVersusThe State of Maharashtra throughCollector Ahmednagar and another.. RespondentsCIVIL APPLICATION NO. 2345 OF 2025INFIRST APPEAL STAMP NO. 35461 OF 2024Kashinath Bhikaji Udawant Since deceased through his L.Rs.Babasaheb Kashinath Udawant and others.. ApplicantsVersusThe State of Maharashtra throughCollector Ahmednagar and another.. RespondentsCIVIL APPLICATION NO. 2346 OF 2025INFIRST APPEAL STAMP NO. 35459 OF 2024 3 88 ca 2334.25 groupSantosh Dattatray Pund and another.. ApplicantsVersusThe State of Maharashtra throughCollector Ahmednagar and another.. RespondentsCIVIL APPLICATION NO. 2347 OF 2025INFIRST APPEAL STAMP NO. 35457 OF 2024Shaikh Amin Karimbhai W/oShaikh Ajim Karimbhai.. ApplicantVersusThe State of Maharashtra throughCollector Ahmednagar and another.. RespondentsCIVIL APPLICATION NO. 2350 OF 2025INFIRST APPEAL STAMP NO. 35482 OF 2024Trimbak Thamaji PundSince deceased through his L.Rs.Mhatardev Trimbak Pund and others.. ApplicantsVersusThe State of Maharashtra throughCollector Ahmednagar and another.. RespondentsCIVIL APPLICATION NO. 2351 OF 2025INFIRST APPEAL STAMP NO. 35480 OF 2024Ashok Gorakshnath Honde and others.. ApplicantsVersusThe State of Maharashtra throughCollector Ahmednagar and another.. RespondentsCIVIL APPLICATION NO. 2352 OF 2025INFIRST APPEAL STAMP NO. 35468 OF 2024 4 88 ca 2334.25 groupSuryabhan Malhari TodmalSince deceased through his L.Rs.Laxmibai Suryabhan Todmal and others.. ApplicantsVersusThe State of Maharashtra throughCollector Ahmednagar and another.. RespondentsCIVIL APPLICATION NO. 2353 OF 2025INFIRST APPEAL STAMP NO. 35494 OF 2024Namdeo Jaywant Kurhat.. ApplicantVersusThe State of Maharashtra throughCollector Ahmednagar and another.. RespondentsCIVIL APPLICATION NO. 2354 OF 2025INFIRST APPEAL STAMP NO. 35496 OF 2024Chandrabhagabai Bhikaji Kharde.. ApplicantVersusThe State of Maharashtra throughCollector Ahmednagar and another.. RespondentsCIVIL APPLICATION NO. 2355 OF 2025INFIRST APPEAL STAMP NO. 35498 OF 2024Nivrutti Maruti Honde.. ApplicantVersusThe State of Maharashtra throughCollector Ahmednagar and another.. RespondentsCIVIL APPLICATION NO. 2356 OF 2025INFIRST APPEAL STAMP NO. 35500 OF 2024Rajendra Nivrutti Honde .. ApplicantVersus 5 88 ca 2334.25 groupThe State of Maharashtra throughCollector Ahmednagar and another.. RespondentsCIVIL APPLICATION NO. 2357 OF 2025INFIRST APPEAL STAMP NO. 35484 OF 2024Kisan Chandrabhan Honde .. ApplicantVersusThe State of Maharashtra throughCollector Ahmednagar and another.. RespondentsCIVIL APPLICATION NO. 2358 OF 2025INFIRST APPEAL STAMP NO. 35486 OF 2024Bhagwat Gangaram PawarSince deceased through his L.Rs.Laxman Bhagwat Pawar and others.. ApplicantsVersusThe State of Maharashtra throughCollector Ahmednagar and another.. RespondentsCIVIL APPLICATION NO. 2359 OF 2025INFIRST APPEAL STAMP NO. 35492 OF 2024Chandrabhan Malhari Todmal.. ApplicantVersusThe State of Maharashtra throughCollector Ahmednagar and another.. RespondentsCIVIL APPLICATION NO. 2360 OF 2025INFIRST APPEAL STAMP NO. 35463 OF 2024Dattatraya Baburao Pund .. ApplicantVersusThe State of Maharashtra throughCollector Ahmednagar and another.. Respondents 6 88 ca 2334.25 groupCIVIL APPLICATION NO. 2361 OF 2025INFIRST APPEAL STAMP NO. 35465 OF 2024Shaikh Ajij Karimbhai .. ApplicantVersusThe State of Maharashtra throughCollector Ahmednagar and another.. RespondentsMrs. Manjushri V. Narwade, Advocate for the Applicants in all matters.Shri S. V. Hange, A.G.P. for the Respondent No. 1 in all matters.Shri S. S. Dande, Advocate for the Respondent No. 2 in all matters.CORAM :SHAILESH P. BRAHME, J. DATE :29TH NOVEMBER, 2025.FINAL ORDER :.Heard both sides.2.Applicants are praying for condonation of delay of 4528days caused in preferring first appeals.3.Learned counsel Mrs. Manjushri Narwade for theapplicants submits that by common judgment 120 referenceswere decided by the Reference Court. The claimants havepreferred appeals for the enhancement. Out of them in thirtynine matters delay was condoned by the Coordinate Bench videorder dated 15th December, 2021, which is placed on record. It isfurther submitted that there are no mala fides on the part of theapplicants in preferring appeals belatedly. The delay is sought 7 88 ca 2334.25 groupto be condoned for the reasons stated in the applications.4.The applications are contested by the respondent No.2/Acquiring Body through affidavit in reply. It is submitted bythe leaned counsel Mr. Dande for the acquiring body that thedelay is inordinate and no satisfactory explanation is comingforth. It is impermissible in such cases to adopt any liberalapproach. It is further submitted that the applicants hadaccepted the award and for near about thirteen years no stepswere taken. The grounds mentioned in the applications arepalpably false. It is submitted that if the delay is condoned thatwill cause extra burden on public exchequer in case appeals areallowed.5.I have gone through the applications and the affidavit inreply. Arising out of the self same common judgment in all thirtynine appeals have been registered by condoning delay. The orderof condonation of delay passed by the Coordinate Bench of 15thDecember, 2021 shows that on condition of forfeiture of interestand statutory benefits, delay was condoned. It would bediscriminatory to take any other view by this Court. Judicialdiscipline demands that this Court should follow the courseadopted by the Coordinate Bench.6.Learned counsel for the acquiring body has referred tofollowing judgments of the Supreme Court and this Court : 8 88 ca 2334.25 groupIShivamma (Dead) by L.Rs. Vs. Karnataka Housing Board and others reported in MANU/SC/1262/2025.IIPathapati Subba Reddy (Died) by L.Rs. and others Vs. The Special Deputy Collector (LA) reported in [2024] 4 SCR 241.IIISurendra Kumar Jain Vs. Santobai and others reported in MANU/SC/0226/2025.IVBaljeet Singh (Dead) through L.Rs. and others Vs. State of U.P. and others reported in (2019) 5 SCC 33.VEsha Battacharjee Vs. Managing Committee of Raghunathpur Nafar Academy and others reported in (2013) 12 SCC 649.VIThirunagallingam Vs. Lingeswaran and others reported in [2025] 65 SCR 253.VIIThe Executive Engineer Vs. Pandharinath and others reported in MANU/MH/1713/2018.7.The principles laid down in above judgments have bindingforce. In my considered view condonation of delay in 39 appealsarising out of common impugned judgment is a distinguishingfactor. I am unable to give benefit of the judgments referredabove to the acquiring body. The equities can be adjusted byimposing some cost on the applicants.8.Applicants have shown the grounds for condonation ofdelay. I do not find any mala fides on their part to prefer appealsbelatedly. It is desirable to condone the delay on certain 9 88 ca 2334.25 groupconditions. I am fortified in my view on the strength of judgmentof the Apex Court in the matter of Mohar Singh (Dead) through L.Rs.and others Vs. State of Uttar Pradesh Collector and others reported in 2024All SCR 149. The relevant extract is as follows :“12. Having heard learned Senior Counsel for the parties and onperusal of the material placed on record, we are satisfied that theappellants are entitled to seek parity with their co-villagers in the grantof compensation for their acquired land. This Court has consistentlyheld in a catena of decisions that the inordinate delay in filing appealin compensatory matters, per se, may not be fatal as the rights andequities between the parties can be well balanced by denying thestatutory benefits, such as interest for the delayed period. We are thusof the considered opinion that the delay in filing the first appeal(s)could be condoned subject to the condition that the appellants wouldnot be entitled to enure undue benefit for the delayed period. We grantsuch indulgence in the appellant’s favour also for the reason that abatch of first appeals at the instance of other land owners was stillpending consideration before the High Court. All that the High Courtought to have emphatically denied to the late-comers was the benefitof interest including on the solatium, under Section 34 of the Act forthe period from the date of passing of the award by the ReferenceCourt till the filing of the first appeals.”9.Further reliance is placed on the judgment of the ApexCourt by the applicants in the matters of Suresh Kumar Vs. State ofHaryana and others reported in 2025(2) RCR (Civil) 743 as well as NewOkhla Industrial Development Authority Vs. Rameshwar @ Ramesh ChandraSharma (Dead) through Legal Heir and another reported in 2022 SCC OnlineSC 1599. I am inclined to follow the principles laid down by theApex Court.10.The civil applications are allowed and the delay caused ineach application shall stand condoned with a condition that the 10 88 ca 2334.25 groupapplicants shall not be entitled to interest and statutory benefitsfor the delayed period. In addition to the above, the applicantsshall deposit cost of Rs. 3,000/- (Rs. Three thousands only) in thisCourt for every application within a period of four (04) weeksfrom today, which shall be the condition precedent. Office shallregister the first appeals. Amount deposited by the applicantsshall be disbursed to the respondent No. 2/Acquiring body. Thecivil applications are disposed of.[ SHAILESH P. BRAHME J. ] bsb/Nov. 25