1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 12683 OF 2009 IN FIRST APPEAL STAMP NO. 25125 OF 2009 Damu S/o Babu Swami and others .. Applicants Versus The State of Maharashtra .. Respondent Shri A. B. Kale, Advocate for Applicants. Shri P. P. More, A.G.P. for the Respondent/State. CORAM : S. V. GANGAPURWALA, J. DATE : 01ST OCTOBER, 2010. PER COURT : . The present application is filed for condonation of delay. The applicants are the original claimants. The reference filed by applicants U/Sec. 18 of the Land Acquisition Act has been rejected. The lands of the applicants have been acquired. It is contended that because of the acquisition of their lands, their very source of livelihood has been taken away and they were facing financial crunch. Even the Reference Court has not 2 awarded any amount. Because of the non availability of the funds, the applicants could not file the first appeal and as such, the delay is caused. 2. I have heard Shri Kale, learned counsel for applicants and Shri More, learned Assistant Government Pleader for the respondent/State. Taking into account the aforesaid reasons, due to delay caused the applicants would gain in the form of interest which is at higher rate. Shri Kale, learned counsel for applicants on instructions from applicants states that if the delay is condoned, the applicants would waive their right of interest U/Sec. 28 of the Land Acquisition Act for delayed period. 3. In the light of the above, the delay is condoned with a rider that if the appeal is allowed and the amount of compensation is enhanced, the applicants have waived their right to claim interest U/Sec. 28 of the Land Acquisition Act to the extent of delay caused in filing the appeal. The civil application is disposed of. [S. V. GANGAPURWALA, J.] bsb/Oct. 10