KAMLAKAR PANDHARI KAMBLE v. THE STATE OF MAHARASHTRA AND ANR
CA/8874/2019 · 2026-09-04
body2019
DailyLaw.ai
[ 2019 DAILYLAW 3745 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2019 DAILYLAW 3745 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
1 924-ca-8874-2019 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 8874 OF 2019 IN X-APLST/23782/2018 Kamlakar Pandhari Kamble VERSUS The State Of Maharashtra And Anr ... Mr. V. D. Gunale, Advocate for Applicant Mr. S. N. Kendre, AGP for Respondent-State Mr. R. S. Sarvadnya, Advocate for Respondent no.2 …..
CORAM : AJIT B. KADETHANKAR, J.
DATED : 04TH SEPTEMBER, 2026 P.C. :- . Feeling aggrieved by the deficit enhancement in compensation at the hands of learned 2nd Joint Civil Judge, Senior Division, Latur in Land Acquisition Reference No.76 of 2003, the applicant-claimant has preferred the First Appeal for enhancement of compensation. There is delay of 1948 days caused in filing the First Appeal and hence the application are filed by the applicant-claimant seeking condonation of delay.
2. Issue notice to the respondents. Learned AGP waives service of notice for respondent number 1 and Mr. R. S. Sarvadnya, learned senior panel counsel, waives service of notice for respondent number 2. 2026:BHC-AUG:41252
2 924-ca-8874-2019
3. The reasons for condonation of delay are stated in the application. It is stated that the entire source of livelihood of the applicant-claimant is taken away under the compulsory land acquisition. Due to financial crisis and for want of legal knowledge, the applicant could not approach learned Advocate for further proceedings.
4. It is submitted that enhancement in the compensation is a statutory right of a party and must not be defeated on the technical grounds of litigation.
5. Mr. V. D. Gunale, learned Advocate for the applicant submits that applicants are ready to waive interest and shall not claim any benefit for the delayed period. Mr. Gunale in all fairness submits that the entire set of the Appeal and the Application shall be served to the other side both in physical form as well as through online mode.
6. Learned AGP and learned Senior Panel counsel, request to pass appropriate order.
7. In view of the law laid down 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
3 924-ca-8874-2019 23.04.2025, I deem it appropriate to allow the Civil Application. Hence, the following order:
ORDER a. Civil Application stand allowed. b. Delay of 1948 days caused in filing the First Appeal stands condoned. c. Applicant-claimant shall not be entitled for the interest and statutory benefits for the delayed period. c. Appeal be registered.
X-APPEAL ST. NO.23782 OF 2018 . Issue notice to the respondents. Learned AGP waives services of notice for respondent number 1. Mr. R. S. Sarvadnya, learned senior panel counsel waives service of notice for respondent number 2.
2. Call record and proceedings.
3. Stand over to 16.10.2026.
( AJIT B. KADETHANKAR, J. ) Rushikesh/2026