( 1 ) 919 Ca 12690 OF 2023 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 919 CIVIL APPLICATION NO. 12690 OF 2023 IN FAST/26500/2023 UDDHAV BABARAO PUNEKAR VERSUS THE STATE OF MAHARASHTRA THROUGH COLLECTOR, JALNA AND ORS WITH CIVIL APPLICATION NO. 12691 OF 2023 IN FAST/26504/2023 SUSHILABAI BANSI DONGRE VERSUS THE STATE OF MAHARASHTRA THROUGH COLLECTOR, JALNA AND ORS WITH CIVIL APPLICATION NO. 12692 OF 2023 IN FAST/26502/2023 SHESHRAO SAKHARAM PUNEKAR VERSUS THE STATE OF MAHARASHTRA THROUGH COLLECTOR, JALNA AND ORS ... Mr. S. M. Kakade, Advocate for Applicant Mr. B. V. Virdhe AGP for Respondents-State … CORAM : AJIT B. KADETHANKAR, J. DATE : 19.08.2026 PER COURT :- . Feeling aggrieved by the judgment and award dated 29.03.2017 passed by the learned Reference Court in Land Acquisition Reference Case 2026:BHC-AUG:37617 ( 2 ) 919 Ca 12690 OF 2023 Nos.517 of 2012, 528 of 2012 and 518 of 2012 respectively, the applicants/claimants are before this Court in the first appeals. The present civil applications are for condonation of delay of 2243 days in filing the first appeals. 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 Appeals are filed by the 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 appeals well within limitation or at the earliest thereafter. With this, the applicants seek condonation of delay caused in filing present appeals. 3. Per contra, the respondents oppose condonation of the delay, contending that the applications and appeals 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 claimants. The ( 3 ) 919 Ca 12690 OF 2023 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 :- “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 Appeals. Hence, following order : O R D E R a. Delay of 2243 days, caused in filing First Appeals is hereby condoned. b. Civil Applications stand allowed. c. Applicants shall not claim any benefit or statutory interest for the delayed period. ( 4 ) 919 Ca 12690 OF 2023 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 appeals, 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