Bombay High Court

DHONDIBA SANTOBA KAMBLE.versusTHE STATE OF MAHARASHTRA , THR COLLECTOR , LATUR AND ORS.

Disposal: Admitted/Allowed/Granted/Rule Absolute

Holding

The Court condoned the delay and ordered that the cross‑objections be registered.

Summary

The applicants filed civil applications seeking condonation of delay in filing cross‑objections to the First Appeals filed by the acquiring body concerning compensation awards. They contended that seeking enhancement of compensation is a statutory right and that the cross‑objections should be heard on merit without prejudice to the other side. The State, represented by its AGP, and the acquiring body waived notice of the applications. The Court examined whether the procedural delay in filing the cross‑objections could be condoned under the law. It held that the delay was condonable, ordered that the cross‑objections be registered, and waived notice. Accordingly, the applications were allowed and the cross‑objections were permitted to proceed.

Issues considered

Whether delay in filing cross‑objections to First Appeals can be condoned under procedural law
Whether cross‑objections may be registered and heard despite the delay

Subjects

condonation of delay
cross‑objections
first appeal
compensation enhancement
civil procedure
statutory right

Judgment

2026:BHC-AUG:44249


                                             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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