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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