( 1 ) 918 CA 11228 OF 2023 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 918 CIVIL APPLICATION NO. 11228 OF 2023 IN FAST/19503/2023 HIRAMAN MACCHU RATHOD DIED THR LRS SUNDABAI HIRAMAN RATHOD AND ORS VERSUS THE STATE OF MAHARASHTRA THR THE COLLECTOR, JALNA AND ORS ... Mr. S. M. Kakade, Advocate for Applicants Mr. A. V. Lavte, AGP for Respondents-State … CORAM : AJIT B. KADETHANKAR, J. DATE : 19.08.2026 PER COURT :- . Feeling aggrieved by the judgment and award dated 22.09.2017 passed by the learned Reference Court in Land Acquisition Reference Case No.813 of 2011 the applicants/claimants are before this Court in the first appeal. The present civil application is for condonation of delay of 2013 days in filing the first appeal. 2. The applicants 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 applicants. Hence, present First Appeal is filed by the 2026:BHC-AUG:37616 ( 2 ) 918 CA 11228 OF 2023 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, the respondents oppose 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. Their Lordships, after considering series of judgments, have observed in paragraph 11, as follows :- ( 3 ) 918 CA 11228 OF 2023 “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 : O R D E R a. Delay of 2013 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, subject to removal of office objections, if any, by the applicants/appellants within two weeks from today. 7. On registration of the appeal, issue notice to the respondents, returnable on 30.09.2026. Learned AGP waives service of notice for all the respondents. 8. Call for Record and Proceeding. [AJIT B. KADETHANKAR, J.] PRW