1 caf4195 ssp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION CIVIL APPLICATION NO.4195 OF 2010 IN FIRST APPEAL ST.NO.27575 OF 2010 Jagganath Kalu Bomble (since deceased through L.Rs) & Ors. ...Applicants vs. State of Maharashtra & Ors. ...Respondents Mr.P.N.JOshi for the applicants Mr.A.R.Patil, A.G.P for the respondent-State CORAM : A.S.OKA,J. DATE : FEBRUARY 8,2011 P.C.: 1 Heard learned counsel for the applicants and the learned A.G.P for the respondent. This is an application for condonation of delay in preferring the appeal against an Award under section 18 of the Land Acquisition Act, 1894 (hereinafter referred to as the said Act). The appeal is preferred for enhancement in market value. The application is opposed by the learned A.G.P by contending that the delay is of more than 11 years. The reference made at the instance of the applicants under section 18 of the said Act has been dismissed on the ground that the same is barred by limitation. The reference was decided along with the references filed by other persons relating to the lands acquired under the same notification. Against the Award made in the companion references, First Appeal no.1206 of 2006 has been admitted in this Court. 2 The first applicant for herself and on behalf of the other applicants has tendered an undertaking dated 5 th February 2011. The undertaking is taken on record and 2 caf4195 marked `X for identification. The first applicant has undertaken not to claim interest as provided under section 28 of the said Act. 3 Even if delay is condoned, the appeal is admitted and the same is eventually allowed, the applicants will not get benefit under section 28 of the said Act in view of the said solumn undertaking. Therefore, in the event of success in appeal, the applicants will get the market value, the interest component under section 23 (1) (A) and solatium under section 23(2) of the said Act. However, in view of the undertaking, the Applicants will not be entitled to claim interest under section 28 of the said Act. Thus, prejudice caused to the respondent- State has been considerably reduced due to the said undertaking. In view of the aforesaid peculiar facts, a case is made out for condonation of delay. 4 Hence, I pass the following order : i) Undertaking dated 5 th February 2011 filed by the first applicant for herself and on behalf of the other applicants is accepted. ii)In view of the undertaking and averments made in the application the delay is condoned. A note about the said undertaking shall be made on the Farad Sheet of the First Appeal. The applicants are directed to bring the said undertaking to the notice of this Court at the time of final hearing of the Appeal. JUDGE