Bombay High Court
NARSING SHRIRANG BHOSLE.versusTHE EX. ENGINEER, MINOR IRRIGATION DIVISION, OSMANABAD AND ORS.
- Disposal
- Admitted/Allowed/Granted/Rule Absolute
Holding
The court condoned the delay but denied any entitlement to interest under Section 28 of the Land Acquisition Act.
Summary
The applicant, Narsing Shrirang Bhosle, filed an application seeking condonation of a 1,174‑day delay in filing a cross‑objection in a land acquisition proceeding. The cross‑objection was limited to claiming interest under Section 28 of the Land Acquisition Act. The court examined whether such a lengthy delay could be condoned and whether the cross‑objectionist was entitled to interest for the statutory and delayed periods. It held that the delay could be condoned in the interest of justice, but the cross‑objectionist would not be entitled to any interest. Consequently, the application was disposed of, allowing the cross‑objection to be taken on record without any interest award.
Issues considered
- Whether a delay of 1,174 days in filing a cross‑objection can be condoned.
- Whether the cross‑objectionist is entitled to interest under Section 28 of the Land Acquisition Act for the statutory period and the delayed period.
Legislation cited
- Land Acquisition Act — s. 28
Subjects
- land acquisition
- condonation of delay
- cross‑objection
- interest
- Section 28
- civil procedure
Judgment
2026:BHC-AUG:37218
44-sr54.ca7746.2026.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
54 CIVIL APPLICATION NO. 7746 OF 2026
IN X-OBJST/21926/2026
NARSING SHRIRANG BHOSLE.
VERSUS
THE EX. ENGINEER, MINOR IRRIGATION DIVISION, OSMANABAD
AND ORS.
----
Mr.S.B.Choudhari, Advocate for applicant
Mr.R.C.Patil, Advocate for respondent no.1
Mr.B.V.Virdhe, AGP for respondent nos.2 and 3
----
CORAM : AJIT B. KADETHANKAR, J.
DATE : AUGUST 17, 2026
ORDER :-
This is an application for condonation of delay of 1174 days
caused in filing the cross-objection. Needless to mention, the appeal
filed by the acquiring body is pending in this court wherein this court
has to adjudicate all the issues. Hence, it would be in the interest of
justice that the cross-objectionist is taken on record.
2. Learned counsel for the applicant submits that the cross-
objection is only to the extent of interest under Section 28 of the Land
Acquisition Act.
2 44-sr54.ca7746.2026
3. In view of the above, delay in filing the cross-objection
stand condoned. It is made clear that in any case the cross-
objectionist shall not be entitled for interest for statutory period and
delayed period. The application stand disposed of.
[AJIT B. KADETHANKAR, J.]
………..
KBP
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