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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

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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