1 71ca13013.24 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD 71 CIVIL APPLICATION NO. 13013 OF 2024 IN FAST/22877/2024 WITH CIVIL APPLICATION NO. 13014 OF 2024 IN FAST/22963/2024 VITHAL BABARAO DEVKATTE DIED THR LRS SANJIV VITHAL DEVKATTE AND ORS VERSUS THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR LATUR AND ORS. ... Advocate for Applicants : Mr.Nandagavale H.B. and Mr. V.G. Sakolkar AGP for Respondent Nos. 1 to 3/State : Mr. V.S.Badakh & Mr. D.B.Bhange. ... WITH 72 CIVIL APPLICATION NO. 13211 OF 2024 IN FAST/22896/2024 WITH CIVIL APPLICATION NO. 13214 OF 2024 IN FAST/22993/2024 WITH CIVIL APPLICATION NO. 13215 OF 2024 IN FAST/22995/2024 WITH CIVIL APPLICATION NO. 13216 OF 2024 IN FAST/22997/2024 WITH CIVIL APPLICATION NO. 13217 OF 2024 IN FAST/22999/2024 WITH CIVIL APPLICATION NO. 13212 OF 2024 IN FAST/23001/2024 WITH CIVIL APPLICATION NO. 13213 OF 2024 IN FAST/23003/2024 WITH 73 CIVIL APPLICATION NO. 13242 OF 2024 IN FAST/22776/2024 WITH 74 CIVIL APPLICATION NO. 13279 OF 2024 IN FAST/22871/2024 WITH CIVIL APPLICATION NO. 13280 OF 2024 IN FAST/22970/2024 WITH CIVIL APPLICATION NO. 13281 OF 2024 IN FAST/22973/2024 WITH 75 CIVIL APPLICATION NO. 13309 OF 2024 IN FAST/22874/2024 WITH CIVIL APPLICATION NO. 13312 OF 2024 IN FAST/22979/2024 WITH CIVIL APPLICATION NO. 13313 OF 2024 IN FAST/22979/2024 WITH CIVIL APPLICATION NO. 13310 OF 2024 IN FAST/22983/2024 WITH CIVIL APPLICATION NO. 13311 OF 2024 IN FAST/22985/2024 WITH CIVIL APPLICATION NO. 13308 OF 2024 IN FAST/22988/2024 CORAM : S. G. CHAPALGAONKAR, J. Dated : 28.03.2025 PER COURT :- 2 71ca13013.24 1. Heard Mr. H.B. Nandagavale, learned Advocate appearing for applicants and Mr. V.S.Badakh, learned AGP appearing for respondent Nos. 1 to 3 State. 2. All these applications are filed seeking condonation of delay of 3342 to 6794 days caused in filing appeal/s against award passed by Reference Court. Applicants are farmers who lost their lands under compulsory acquisition. Present appeal/s are filed seeking enhancement of compensation, aggrieved by assessment of compensation by Reference Court. 3. Mr. Nandagavale, learned Advocate submits that applicants were depending upon income from agricultural land and after acquisition of their lands they have lost their source of livelihood. 4. Although impugned awards were passed in the year 2015, compensation amount is received to them recently i.e. in the month of April/May, 2024. Immediately after receiving amount/s, they could arrange for filing appeal/s. Therefore, applicants cannot be deprived of their rights to litigate for getting just compensation towards acquired land. 5. Per-contra, V.S.Badakh, learned AGP appearing for respondents/ State on the basis of affidavit-in-reply submits that reasons as stated in applications cannot be a ground to condone delay of almost of 9 to 10 years. Financial difficulties itself cannot be a ground to condone delay. According to him, applicants are prosecuting State claim/s in these appeal/s which need not be protracted. 6. In reply, Mr. Nandagavale learned Advocate submits that applicant/s are ready to waive interest and statutory benefits for delayed period and shall file undertakings to this Court. He invited attention of this Court to specific averments to that effect in application/s. 7. Considering submissions advanced, it can be observed that although award is passed in 2015, applicants were waiting for fruits of award for about 9 to 10 years. In year 2024 compensation has been released in their favour in deference to award passed by reference Court. 3 71ca13013.24 8. Agriculturists who lost lands due to compulsory acquisition must be facing economic duress and face difficulties to exhaust legal remedies although, they are aggrieved by award of inadequate compensation. 9. In present case it is not in dispute that actual compensation is released to applicants in May, 2024 and appeals are filed immediately in month of July, 2024. Delay occasioned in filing appeal/s is not intentional or applicants are not benefited by making such delay. Applicants are litigating for getting just compensation towards acquired lands against State Government. In this scenario, financial duress can be considered as a good ground for condonation of delay. More so, when applicants volunteers to file affidavit/s of undertaking/s waiving interest and statutory benefits for delay period, in that view of the matter, stringent application of provisions as to limitation cannot be applied in such case. 10. In result, applications succeed, hence following order : ORDER (i) Civil Applications stand allowed. (ii) Delay caused in filing appeal/s is condoned subject to condition that applicant/s files undertaking/s with Registrar, (Judicial) of this Court that they shall not claim interest and statutory benefit for period of delay in case their appeal/s is/are allowed and enhanced compensation is granted to them. (iii) The Undertaking/s to be filed within a period fo six weeks from today. (iv) The undertaking/s to be made part of appeal/s on its registration. (v) Civil Application/s stand allowed and is disposed off in aforesaid terms. ( S. G. CHAPALGAONKAR ) JUDGE mahajansb/