913.odt (1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 13973 OF 2024 IN FAST/29515/2024 Bhagvan Vitthalrao Khavne VERSUS The State Of Maharashtra Through The Collector Jalna And Ors. ... Advocate for Applicant : Mr. S.M. Kakade AGP for Respondent/State : Mr. S.S. Dande ... CORAM : S.G. CHAPALGAONKAR, J. DATED : APRIL 17, 2025 PER COURT : 1. Heard Mr. Kakade, learned advocate appearing for the applicant. 2. The applicant seeks to condone delay of 871 days caused in filing the appeal against award passed by the Reference Court under the provisions of Land Acquisition Act. Applicant has lost his agricultural land due to compulsory acquisition. Applicant was inadequately compensated by the Land Acquisition Officer. Hence, he filed reference seeking enhancement of compensation under Section 18 of the Land Acquisition Act. Same has been partly allowed. Applicant is aggrieved by assessment of compensation. Hence, seeks to file first appeal. The stipulations from paragraph no.2 onwards explains the delay. The delay is occasioned on account of financial duress suffered by him. The applicant has not derived any advantage 2025:BHC-AUG:11107 913.odt (2) by making such delay. Considering the nature of litigation and fact that claimants are litigating for getting just compensation towards acquired land, delay can be condoned by putting certain conditions. 3. In that view of the matter, civil application is allowed. Delay of 871 days caused in filing the appeal is condoned, subject to condition that the applicant files an undertaking to the satisfaction of Registrar (Judicial) of this Court that, in case, enhanced compensation is granted in appeal, he shall not claim interest and statutory benefits for the period of delay. Such an undertaking to be filed within a period of eight weeks from today. It shall be made part of compilation of appeal. 4. Application stands disposed of. (S.G. CHAPALGAONKAR, J.) Mujaheed//