1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1673 OF 2009 IN FIRST APPEAL (ST.) NO.8700 OF 2009 Hanuman V. Keni (deceased) through Legal Representatives ....Applicants V/s. The State of Maharashtra ....Respondent Ms.Deepa Punde i/b Mr.S.S. Punde for the Applicants. Mr.A.R. Patil, A.G.P. for the Respondent – State. CORAM : B.H. MARLAPALLE & S.J. VAZIFDAR, JJ. DATE : 5TH MAY, 2009. P.C. : 1. The Applicants are the legal heirs of the original land owner Shri Hanuman Vikas Keni and they have filed First Appeal (Stamp) No.8700 of 2009 challenging the award passed by the Reference Court and prayed for enhancement of compensation. However, the appeal has been filed belatedly and hence this application for condonation of delay. 2. As per the office note, the appeal is beyond the time by 688 days. 3. The impugned award was passed on 6.1.2007 and the Appellants applied for certified copy on 20.2.2007 and the same was delivered to them on 28.3.2007. This Appeal is filed on or before 1.4.2009 that is atleast after 2 two years. 4. It appears that in another set of appeals for enhancement of compensation for the land acquired for the New Bombay Project of the very same village Roadpali, Raigad district, came to be decided by this Court and the Applicants are trying to take the benefit of the said enhancement of compensation. The Applicants’ land is located in village Wadghar. 5. Though the appeal has been filed beyond two years, we are satisfied that in the peculiar facts of this case and more particularly when the similarly placed land owners have succeeded before this Court for enhancement of compensation, the delay caused in filing the appeal deserves to be condoned. Hence the application is allowed in terms of prayer clause (A). 6. The appeal be listed for admission on 8.5.2009. (S.J.VAZIFDAR, J.) (B.H.MARLAPALLE, J.)