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2015 DAILYLAW 2928 (BOM)

THE EXECUTIVE ENGINEER, AMRAVATI IRRIGATION DIVISION, V.I.D.C., AMRAVATI v. NIKHIL MAHENDRAPRASAD SHRIVASTAV AND 2 OTHERS

CAO/680/2026 · 2026-08-18

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1 901fa666.2015+2.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, AT NAGPUR . CIVIL APPLICATION (CAO) NO. 680 OF 2026 IN CROSS-OBJECTION STAMP NO. _______IN FIRST APPEAL NO. 666/2015 The Executive Engineer, Amravati Irrigation Division, V.I.D.C., Amravati Vs. Nikhil Mahendraprasad Shrivastav and Ors - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Ms Mallika Babhulkar, counsel h/f Mr. M.A. Kadu, counsel for appellant Mr. Abhay Sambre, counsel for respondent No.1. Mr. G.S. Umale, AGP for respondent Nos. 2 and 3. CORAM : Y. G. KHOBRAGADE, J. DATED : 18-08-2026 1. Heard. 2. By the present application, the respondent No.1/cross-objector prays for condonation of delay of 3059 days while lodging the cross-objection in First Appeal No. 666 of 2015. It is contended that, due to illiteracy and paucity of funds, he could not file an appeal seeking enhancement of compensation. After service of notice in the First Appeal, he could not file cross-objection within the stipulated period. 3. Learned counsel appearing for the appellant / acquiring body strongly opposed the application and contended that the grounds set out in the application, namely, illiteracy and paucity of funds, do not constitute sufficient cause for not filing the cross-objection within the stipulated period. It is further contended that respondent No.1/objector has already withdrawn a substantial amount 2 901fa666.2015+2.odt of compensation. Therefore, the explanation furnished by the objector is neither sufficient nor bonafide. Hence, prayed for rejection of the application. 4. Needless to say, the appellant/acquiring body acquired the land of the present objector/respondent No.1 for construction of a public bridge. The appellant /acquiring body has filed the present First Appeal challenging the judgment and award dated 27/02/2014 passed in LAC No. 02/2006. The present objector/claimant was served with the notice of the First Appeal on 17/06/2015. However, due to paucity of funds and lack of proper legal advice, he could not file the cross-objection seeking enhancement of compensation. 5. Ultimately, on 23/04/2026, the respondent No.1/objector has filed present cross-objection along with the present application seeking condonation of delay. Therefore, the delay caused in lodging the cross-objection appears to be bonafide and it needs to be condoned. 6. However, the respondent No.1/objector shall not be entitled to interest on the enhanced amount of compensation for the period from 17/06/2015 to 23/04/2026 i.e. the period of delay in lodging the cross- objection. 7. In view of the above, Civil Application (CAO) No. 680 of 2026 is hereby allowed. The delay of 3059 days in filing the cross-objection is hereby condoned. The office shall register the cross-objection. 3 901fa666.2015+2.odt CROSS-OBJECTION NO. _____ OF 2026 1. Heard. 2. Admit 3. Place this cross-objection along with First Appeal No. 666 of 2015 for consideration at the time of final hearing. [JUDGE] rkn