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Bombay High Court

MANIK BABARAO PATIL.versusTHE SPECIAL LAND ACQUISITION OFFICER AND ADDITIONAL COLLECTOR (EARTH QUAKE), OSMANABAD.

Disposal
Admitted/Allowed/Granted/Rule Absolute

Holding

The application for condonation of delay is allowed, and the cross‑objection is to be registered, without entitlement to interest or statutory benefits for the delayed period.

Summary

The applicant, Manik Babarao Patil, sought condonation of a 2,845‑day delay in filing a cross‑objection to enhance compensation awarded in a land acquisition case. The first appeal by the acquiring authority was pending, and the applicant argued that his statutory right to seek enhancement could not be lost due to procedural delay. The Court examined the precedent set by the Supreme Court in Suresh Kumar v. State of Haryana (2025 INSC 550) on condonation of delay in matters involving statutory rights. Relying on that ratio and deeming the matter one of judicial legislation, the Court allowed the application, condoned the delay, and ordered the cross‑objection to be registered, but denied any interest or statutory benefit for the delayed period. The decision effectively permits the applicant to pursue the enhancement claim without prejudice to the earlier award.

Issues considered

  • Whether a delay of 2,845 days in filing a cross‑objection for compensation enhancement can be condoned.
  • Whether the applicant's statutory right to seek enhancement is forfeited by such delay.

Subjects

  • condonation of delay
  • cross‑objection
  • land acquisition
  • compensation enhancement
  • judicial legislation
  • statutory right

Judgment

2026:BHC-AUG:43925
                                                                             939-CA-10969-26.odt



                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  BENCH AT AURANGABAD

                             CIVIL APPLICATION NO. 10969 OF 2026
                                             IN
                           CROSS OBJECTION (ST) NO. 23573 OF 2026
                                             IN
                                FIRST APPEAL NO. 2979 OF 2018

          Manik Babarao Patil                                      ..APPLICANT
                VERSUS
          Special Land Acquisition Officer and
          Additional Collector (Earthquake), Osmanabad             ..RESPONDENT

                                                  ....
          Mr. S.N. Patil, Advocate for applicant
          Mr. R.K. Ingole, A.G.P. for respondent
                                                 ....

                                             CORAM : AJIT B. KADETHANKAR, J.
                                             DATE : 23rd SEPTEMBER, 2026

          PER COURT :

          1.         This application is filed seeking condonation of delay of 2845 days

          caused in filing cross-objection. The first appeal is filed by the acquiring body

          in this Court against the judgment and award dated 16 th August, 2013 passed

          by the learned C.J.S.D., Osmananbad in Land Acquisition Reference No. 21 of

          2005 (Old No. 318 of 1996).


          2.         Pursuant to the notices issued in the first appeal, the applicant has

          marked his appearance. Being dissatisfied with the quantum of compensation,

          the applicant has also filed cross-objection for enhancement. There is delay of

          2845 days caused in filing the cross-objection. The reasons for delay are


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                                                                      939-CA-10969-26.odt



stated in Paragraph Nos.2 and 3 in a large amount of words. It is stated that

the applicant has statutory right for enhancement, which cannot be deprived

on account of any technicality.     Obviously, the appeal is still pending for

hearing.



3.         In view of the above and the ratio laid down by Hon’ble Supreme

Court in the case of Suresh Kumar Suresh Kumar Vs. State of Haryana and

Ors. (2025 INSC 550), I deem it appropriate to allow the application.



4.         In the light of this fact and considering that this is a case of judicial

legislation, the application is allowed. Delay is condoned. Cross-objection be

registered. The applicant shall not be entitled for any interest or any statutory

benefit for the delayed period if cross-objection is allowed.




                                             ( AJIT B. KADETHANKAR, J. )
SSD




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