1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. 48 CIVIL APPLICATION NO.10566 OF 2023 IN FIRST APPEAL (ST.) No.20146 of 2023 BALU JAGANNATH CHAUNDE VERSUS THE STATE OF MAHARASHRA THR THE COLLECTOR, JALNA AND ORS ….. Shri. S. M. Kakde, Advocate for the Applicant Shri. R. K. Ingole, AGP for the State. …… CORAM : AJIT B. KADETHANKAR, J. Dated : SEPTEMBER 07, 2026 PER COURT :- . On 17.08.2026 this Court observed that the Respondents are served, however none appeared for Respondent No.3. It was further observed that on the next date, if none appears for Respondent No.3, this Court shall pass appropriate order. 2. Today, when the matter is called out, none appears on behalf of Respondent No.3. 3. The Civil Application is filed for condonation 457 days delay caused in filing the First Appeal. Shri. Kakade, the learned Advocate for the Applicant has taken me through the recitals of the paragraph nos.3 to 10 of the Civil Application, wherein the reasons for condonation of delay are mentioned. He submits that the Applicant is the landowner 2026:BHC-AUG:42041 2 whose land is acquired under compulsory land acquisition. He submits that seeking enhancement in the compensation is the statutory right of the Claimant / Applicant and that such statutory right must not be defeated on the technical ground of delay. Moreover, the delay is not inordinate. The Applicant is ready to waive the interest for the period of delay. He further submits that the present application is covered by the parameters laid down by the Hon’ble Supreme Court of India in the case of Suresh Kumar vs. State of Haryana and Ors (Civil Appeal arising out of SLP (C) No.670/2020) and connected matters decided on 23.04.2025. Hence, it is prayed that the Application may be allowed. 4. As recorded earlier, none appears on behalf of contesting Respondent No.3 – Acquiring Body and hence the application has gone unopposed. 5. I have considered recitals of the Application. I find that, the Applicant has given satisfactory reasons in the Application to condone the delay. In view of this, the Application deserves to be allowed. Hence the following order: ORDER (i) The Application stands allowed. (ii) The delay caused of 457 days in filing the First Appeal stands condoned. 3 (iii) The Applicant shall not be entitled to interest and statutory benefits for the delayed period. (iv) The Appeal be registered. ( AJIT B. KADETHANKAR, J. ) GGP