1 916 FA 1039 OF 2012 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 916 FIRST APPEAL NO. 1039 OF 2012 SADASHIV TUKARAM MULE VERSUS THE STATE OF MAH AND ORS WITH FIRST APPEAL NO. 3447 OF 2011 RAM KISHAN KENDRE VERSUS THE STATE OF MAH AND ORS WITH CIVIL APPLICATION NO. 7480 OF 2011 IN FAST/11106/2011 BHALCHANDRA TUKARAM GITE VERSUS THE STATE OF MAHRASHTRA AND ANR WITH FIRST APPEAL NO. 3032 OF 2022 SUSHILABAI BAPURAO GITE VERSUS THE STATE OF MAHARASHTRA THR COLLECTOR LATUR AND ANR WITH FIRST APPEAL NO. 3031 OF 2022 BAPURAO TUKARAM MULE VERSUS THE STATE OF MAHARASHTRA THR COLLECTOR LATUR AND ANR WITH 2026:BHC-AUG:47027-DB 2 916 FA 1039 OF 2012 FIRST APPEAL NO. 1739 OF 2015 BHAGIRATH BHANUDAS GITE VERSUS THE STATE OF MAHARASHTRA AND ANR WITH CIVIL APPLICATION NO. 7478 OF 2011 IN FAST/10204/2011 BALASAHEB BAPURAO GITE VERSUS THE STATE OF MAH AND ORS WITH FIRST APPEAL NO. 1742 OF 2015 SHRIMANT DEVRAO MULE VERSUS THE STATE OF MAHARASHTRA AND ANR WITH FIRST APPEAL NO. 1741 OF 2015 BAPURAO BHANUDAS GITE VERSUS THE STATE OF MAHARASHTRA AND ANR WITH FIRST APPEAL NO. 2406 OF 2016 EXECUTIVE ENGINEER, LATUR MEDIUM PROJECT DIVISION VERSUS SADASHIV TUKARAM MULE AND OTHERS WITH FIRST APPEAL NO. 1743 OF 2015 MADHUKAR BHAURAO KENDRE VERSUS THE STATE OF MAHARASHTRA AND ANR 3 916 FA 1039 OF 2012 WITH CIVIL APPLICATION NO. 7477 OF 2011 IN FAST/10198/2011 MANAJI JAIRAM GITE, DIED, THR, L.RS. SHRIHARI MANAJI GITE VERSUS THE STATE OF MAH AND ORS WITH CIVIL APPLICATION NO. 7479 OF 2011 IN FAST/11113/2011 MUNJAJI MANAJI FAD VERSUS THE STATE OF MAHRASHTRA AND ANR WITH CIVIL APPLICATION NO. 7476 OF 2011 IN FAST/10207/2011 BABU NARAYAN KENDRE VERSUS THE STATE OF MAH AND ORS WITH FIRST APPEAL NO. 1740 OF 2015 HARISCHANDRA MUKUND MULE AND ANR VERSUS THE STATE OF MAHRASHTRA AND ANR ... Mr. Ajinkya S. Deshpande h/f. Mr. Amit S. Deshpande, Advocate for Appellant Mr. B. V. Virdhe, AGP for Respondent-State Mr. R. B. Deshpande, Advocate for Respondent-Acquiring Body … CORAM : AJIT B. KADETHANKAR, J. DATED : 7th October 2026 4 916 FA 1039 OF 2012 P.C. :- CIVIL APPLICATION NO. 7480 OF 2011 (Delay) CIVIL APPLICATION NO. 7478 OF 2011(Delay) CIVIL APPLICATION NO. 7477 OF 2011(Delay) CIVIL APPLICATION NO. 7479 OF 2011(Delay) CIVIL APPLICATION NO. 7476 OF 2011(Delay) . These Civil Applications are filed by the applicants seeking condonation of delay in the respective First Appeals whereby enhancement in compensation awarded in the corresponding land acquisition references is sought. 2. The details of the Civil Applications, corresponding Land Acquisition References and the delay caused are as under: CA No. LAR No. Days of Delay 7480/011 1192/2000 66 7478/2011 1194/2000 55 7477/2011 208/2001 55 7479/2011 1196/2000 66 7476/2011 207/2001 55 3. Thus, there is delay ranging between 55 to 66 days caused in filing the respective First appeals. 4. Mr. Ajinkya S. Deshpande h/f. Mr. Amit S. Deshpande, learned Advocate for the applicants submits that the delay is 5 916 FA 1039 OF 2012 neither huge nor inordinate. He submits that there is no lethargy or deliberate attempt on the part of the applicants to cause delay in filing the appeals. He submits that the applicants are land losers whose sole source of livelihood is acquired under compulsory land acquisition. In order to collect the requisite documents for filing the appeals and also to arrange finances for payment of Court fees, some time has bonafidely elapsed. It is submitted that the statutory right of the applicants to seek enhancement in compensation ought not to be curtailed on the technical ground of a short delay of 55 to 66 days. It is undertaken that the applicants shall not claim any interest or statutory benefits for the delayed period. 5. Issue notice to the respondents. Learned AGP waives notice for the respondent – State. Mr. R. B. Deshpande, learned Advocate marks his presence and waives notice for the respondent – acquiring body. 6. Mr. R. B. Deshpande, learned Advocate for the acquiring body, in all fairness, submits that appropriate order be passed. 7. I find that the reasons tendered for explaining the delay are adequately described in the applications. The delay is 6 916 FA 1039 OF 2012 neither huge nor exorbitant. I do not find any element of deliberate attempt to cause delay or lethargy in filing the applications. The applicants are land losers whose lands are acquired under compulsory acquisition and they certainly have a statutory right to seek enhancement in compensation. I accept the submission of the learned Advocate for the applicants that such right ought not to be curtailed on account of a technical difficulty arising from a short delay. 8. Considering the law laid down by the Hon’ble Supreme Court in the case of Suresh Kumar Vs. State of Haryana and ors., (Civil Appeal arising out of SLP (C) No.670 of 2020 and connected matters), decided on 23.04.2025, I find that the delay deserves to be condoned. Hence, I pass following order : O R D E R I. Civil Applications are allowed. II. Delay caused in filing the applications stand condoned. III. It is made clear that the applicants shall not entitled for the interest and statutory benefits for the delayed period, in the event if the appeals are allowed. IV. Civil Applications stand disposed of. V. First Appeals be registered. 7 916 FA 1039 OF 2012 FIRST APPEAL STAMP NO.11106 OF 2011 FIRST APPEAL STAMP NO.10204 OF 2011 FIRST APPEAL STAMP NO.10198 OF 2011 FIRST APPEAL STAMP NO.11113 OF 2011 FIRST APPEAL STAMP NO.10207 OF 2011 9. Issue notice to the respondents on 14.10.2026. Learned AGP waives notice for the respondent – State. Mr. R. B. Deshpande, learned Advocate waives notice for the respondent – acquiring body. 10. Call Record and Proceeding, if not called earlier. 11. Place the matter along with First Appeal Nos.3397 of 2021, 3399 of 2021 and 3398 of 2021. ( AJIT B. KADETHANKAR, J. ) PRW