Bombay High Court
VIKAS ANANDA SONWANE AND ORS.versusTHE COLLECTOR JALGAON AND ORS.
- Disposal
- Admitted/Allowed/Granted/Rule Absolute
Holding
The court held that the 194‑day delay in filing the first appeal and cross‑objection is condoned, and the first appeal is to be registered.
Summary
The petitioners, Vikas Ananda Sonwane and others, sought condonation of a 194‑day delay in filing a cross‑objection and first appeal against a land acquisition award. The court noted that the claimants have a statutory right to seek enhanced compensation and that filing a cross‑objection in lieu of a separate appeal would not prejudice the respondents. Citing the Supreme Court’s guidelines in Sheo Raj Singh v. Union of India (Civil Appeal No.5867 of 2015), the bench found the delay not attributable to negligence. Consequently, the application for condonation was allowed, the delay was condoned, and the first appeal was ordered to be registered subject to removal of any office objections. The respondents waived notice, and the matter was set for further hearing.
Issues considered
- Whether a delay of 194 days in filing a cross‑objection/first appeal in a land acquisition case can be condoned.
- Whether filing a cross‑objection in lieu of a separate first appeal is permissible without prejudice to the respondents.
Subjects
- land acquisition
- condonation of delay
- first appeal
- cross‑objection
- compensation enhancement
- Supreme Court precedent
Judgment
2026:BHC-AUG:46426
1
962 CA 9641 OF 2026
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
962 CIVIL APPLICATION NO. 9641 OF 2026
IN X-OBJST/19452/2026
VIKAS ANANDA SONWANE AND ORS.
VERSUS
THE COLLECTOR JALGAON AND ORS.
...
Mr. B. V. Virdhe, AGP for Respondent-State
Mr. Pratik Borge h/f. Mr. A. D. Pawar, Advocate for
Respondent – Acquiring Body
WITH
CIVIL APPLICATION NO. 2416 OF 2021
IN FAST/39559/2019
THE EX. ENGINEER, MINOR IRRIGATION DIVISION,
JALGAON AND ORS
VERSUS
VIKAS ANANDA SONWANE AND ORS
WITH
CIVIL APPLICATION NO. 2415 OF 2021
IN FAST/39559/2019
THE EX. ENGINEER, MINOR IRRIGATION DIVISION,
JALGAON AND ORS
VERSUS
VIKAS ANANDA SONWANE AND ORS
WITH
CIVIL APPLICATION NO. 8596 OF 2026
IN FAST/39559/2019
VIKAS ANANDA SONWANE AND ORS.
VERSUS
THE EX. ENGINEER, MINOR IRRIGATION DIVISION,
JALGAON AND ORS.
…
2
962 CA 9641 OF 2026
CORAM : AJIT B. KADETHANKAR, J.
DATED : 1st October 2026
P.C. :-
CIVIL APPLICATION NO. 9641 OF 2026
. This applications is filed seeking condonation of delay
caused in filing the Cross-Objection in the First Appeal filed by
the acquiring body. The merits of the judgment and award
passed by the Reference Court is under challenge before this
court in the First Appeal. Seeking enhancement in the
compensation is a statutory right of the claimants and hence
instead of filing separate First Appeal, the Cross-Objection is
filed. No prejudice will be caused to other side if the same is
heard on merits. 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 the respondent – State. Mr. Pratik Borge h/f. Mr. A.
D. Pawar, learned Advocate waives notice for the respondent –
acquiring body.
3. For the reasons stated in the application, the same is
allowed. Delay caused in filing the Cross-Objection stands
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962 CA 9641 OF 2026
condoned. Cross-Objection be registered.
CROSS-OBJECTION :
4. Issue notice to the respondents. Learned AGP waives
notice for the respondent – State. Mr. Pratik Borge h/f.
Mr. A. D. Pawar, learned Advocate waives notice for the
respondent – acquiring body.
CIVIL APPLICATION NO. 2415 OF 2021
5. This application is filed seeking condonation of delay of
194 days caused in filing the first appeal. The reasons for
condonation of delay are explained in paragraph Nos.2 to 5 of
the application. It is submitted that delay is not huge and has
not arisen out of any lethargy or negligence. The reason of
administrative exigency is given in the application. It is also
submitted that the acquiring body has even deposited entire
award amount in this Court.
6. In view of this, under the guidelines laid down by the
Hon’ble Supreme Court in the case of Sheo Raj Singh
(Deceased through LRs.) & Ors. V/s Union of India and ors.
[Civil Appeal No.5867 of 2015 dtd.09-10-2023] , wherein the
Hon’ble Supreme Court was dealing with an appeal in which
the High Court’s order condoning delay of 479 days caused in
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962 CA 9641 OF 2026
filing a First Appeal by the Government against a Judgment
and Award passed in a Land Acquisition Reference was under
challenge, I find that the application deserves to be allowed.
7. Hence I pass following order :
ORDER
I. Civil Application is allowed.
II. Delay of 194 days caused in filing the first
appeal stands condoned.
III. First Appeal be registered, subject to
removal of office objections, if any.
FIRST APPEAL
8. Issue notice to the respondents, returnable on
29.10.2026.
( AJIT B. KADETHANKAR, J. )
PRW
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