Bombay High Court
SANDIPAN SAHAJIRAO MANE (PATIL) DIED THROUGH LEGAL REPR. AVINASH AND ORS.versusTHE STATE OF MAHARASHTRA, THR COLLECTOR, LATUR AND ORS.
- Disposal
- Admitted/Allowed/Granted/Rule Absolute
Holding
The court held that delay in filing cross‑objections may be condoned where no prejudice is shown and the petitioners are willing to waive interest and statutory benefits.
Summary
Multiple petitioners filed applications seeking condonation of delay in filing cross‑objections to first appeals against the State of Maharashtra and an acquiring body. The petitioners argued that the merit of the award was under challenge and that filing cross‑objections, rather than separate appeals, was a statutory right, and they were prepared to waive interest for the delayed period. The court examined whether the delay caused any prejudice to the respondents and considered the petitioners' willingness to forgo statutory benefits. Finding no prejudice and accepting the waiver, the court allowed the applications and ordered that the delay be condoned and the cross‑objections be registered. Consequently, the cross‑objections will be heard on their merits.
Issues considered
- Whether the delay in filing cross‑objections to first appeals can be condoned
- Whether the petitioners' waiver of interest and statutory benefits affects the court's discretion to condone delay
Subjects
- condonation of delay
- cross‑objections
- first appeal
- compensation enhancement
- statutory right
- interest waiver
- land acquisition
Judgment
2026:BHC-AUG:44247
1
22 CA 11286 OF 2026
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
22 CIVIL APPLICATION NO. 11286 OF 2026
IN X-OBJST/27765/2026
IRAPPA BALWANT MADNURE DIED THR LRS BALIRAM AND
ORS.
VERSUS
THE STATE OF MAHARASHTRA, THR COLLECTOR, LATUR
AND ORS.
WITH
CIVIL APPLICATION NO. 11287 OF 2026
IN X-OBJST/27792/2026
BALBHIM BHAGURAM KAMBLE.
VERSUS
THE STATE OF MAHARASHTRA THR COLLECTOR, LATUR
AND ORS.
WITH
CIVIL APPLICATION NO. 11288 OF 2026
IN X-OBJST/27770/2026
SHYAMRAO SIDRAM PATIL.
VERSUS
THE STATE OF MAHARASHTRA THR COLLECTOR, LATUR
AND ORS.
WITH
CIVIL APPLICATION NO. 11289 OF 2026
IN X-OBJST/27787/2026
EKNATH RANGRAO HAKE.
VERSUS
THE STATE OF MAHARASHTRA THR COLLECTOR LATUR
AND ORS.
WITH
CIVIL APPLICATION NO. 11290 OF 2026
IN X-OBJST/27768/2026
SANDIPAN SAHAJIRAO MANE (PATIL) DIED THROUGH
LEGAL REPR. AVINASH AND ORS.
VERSUS
2
22 CA 11286 OF 2026
THE STATE OF MAHARASHTRA, THR COLLECTOR, LATUR
AND ORS.
WITH
CIVIL APPLICATION NO. 11291 OF 2026
IN X-OBJST/27795/2026
PANDURANG RAGUNATH NEWALE AND ANR.
VERSUS
THE STATE OF MAHARASHTRA THR COLLECTOR, LATUR
AND ORS.
WITH
CIVIL APPLICATION NO. 11292 OF 2026
IN X-OBJST/27763/2026
DHONDIBA SANTOBA KAMBLE.
VERSUS
THE STATE OF MAHARASHTRA , THR COLLECTOR , LATUR
AND ORS.
...
Mrs. P. G. Sontakke (Patil), Advocate for Applicants
Mr. A. V. Lavte, AGP for Respondent-State
Mr. S. P. Sonpawale, Advocate for Respondent No.3
…
CORAM : AJIT B. KADETHANKAR, J.
DATED : 28th September 2026
P.C. :-
. Heard Mrs. P. G. Sontakke (Patil), learned advocate for
the applicants. These applications are filed seeking
condonation of delay caused in filing the Cross-Objections in
the First Appeals filed by the acquiring body. Learned
Advocate for the applicants submits that the merit of the
judgment and award passed by the Reference Court is under
3
22 CA 11286 OF 2026
challenge before this court in the First Appeals. She submits
that seeking enhancement in the compensation is a statutory
right of the claimants and hence instead of filing separate First
Appeals, the Cross-Objections are filed. No prejudice will be
caused to other side if the same are heard on merit. She
further submits that the applicants are ready to waive interest
and statutory benefits for the delayed period.
2. Issue notice to the respondents. Learned AGP waives
notice for respondent Nos.1 and 2 – State in all matters.
Mr. S. P. Sonpawale, learned Advocate waives notice for
respondent No.3 – acquiring body in all matters.
3. For the reasons stated in the applications, the same are
allowed. Delay caused in filing the Cross-Objections stands
condoned. Cross-Objections be registered.
ORDER IN CROSS-OBJECTIONS :
4. Issue notice to the respondents. Learned AGP waives
notice for respondent Nos.1 and 2 – State. Mr. S. P.
Sonpawale, learned Advocate waives notice for the
respondent No.3 – acquiring body.
( AJIT B. KADETHANKAR, J. )
PRW
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