16-sr925-CA10342.2021 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 925 CIVIL APPLICATION NO. 10342 OF 2021 IN FAST/22104/2019 Gangadhar Piraji Dudumwar VERSUS The State Of Maharashtra And Ors ---- Advocate for Applicant : Mr.Sameer Kurundkar h/f. Mr. Kurundkar Sunil V. AGP for Respondents no.1 and 2 : Mr. R.K.Ingole Advocate for Respondent no.3 : Mr. Gude Madhav P. For R/3 ---- CORAM : AJIT B. KADETHANKAR, J. DATE : SEPTEMBER 24, 2026 ORDER :- Feeling aggrieved by the judgment and award dated 20.04.2017 passed by learned Civil Judge, Senior Division, Bhokar, Dist. Nanded passed in Land Acquisition Reference No.122 of 2014, the claimant has filed First Appeal seeking enhancement in the compensation. There is delay of 729 days in filing the First Appeal. The applicant, by this application, seeks condonation of delay. The reasons explained for the delay are given in paragraphs 2 to 4. 2. Learned advocate for the applicant submits that the delay is neither deliberate nor out of any lethargy. He would submit that the applicant is land-loser whose sole source of livelihood has been acquired under the compulsory acquisition. He would submit that after the award was passed, some time elapsed in getting information about 2 16-sr925-CA10342 procedure to challenge the award for enhancement. He adds that even for raising funds for court fees the petitioners were not in a position to file the appeal within time. It is submitted that enhancement in compensation is a statutory right of the claimant, which must not be defeated on technicality of a short delay. The delay is not huge one. He submits that the application may be allowed. 3. The respondents have not filed any reply affidavit to oppose the application for condonation of delay. In view of the guidelines laid down by Hon’ble Supreme Court in the case of Suresh Kumar vs. State of Haryana and ors., (Civil Appeal arising out of (C) No.670 of 2020) and connected matters decided on 23.04.2025, I find that a successful case is made out by the applicant/claimant. 4. In view of the above, the application stands allowed. Delay is condoned. Appeal be registered. The applicant/claimant shall not be entitled for any sort of statutory benefit or interest for the delayed period. 3 16-sr925-CA10342 In First Appeal :- 5. Issue notice to the respondents, returnable after four weeks. Learned AGP waives notice for respondent nos.1 and 2. Mr.Gude, learned advocate waives notice for respondent no.3. 6. Call Record and Proceedings. [AJIT B. KADETHANKAR, J.] ……….. KBP