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2025 DAILYLAW 4552 (BOM)

FULCHAND MARUTI DHOLE v. THE EXECUTIVE ENGINEER, MINOR IRRIGATION DIVISION, OSMANABAD THR GMIDC, AURANGABAD AND ANR

CA/5859/2025 · 2026-09-07

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Judgment text

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1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. CIVIL APPLICATION NO.5859 OF 2025 IN X-OBJST/15701/2024 Fulchand Maruti Dhole Versus The Executive Engineer, Minor Irrigation Division, Osmanabad Thr GMIDC, Aurangabad And Anr ….. Shri. Vivekanand V. Ingale, Advocate for Applicant Shri. S. P. Sonpawale, AGP for Respondent – State. Shri. Arvind N. Gaddime, Advocate for Respondent No.1 ….. CORAM : AJIT B. KADETHANKAR, J. Dated : SEPTEMBER 07, 2026 PER COURT :- . This Application is filed seeking condonation of 244 days’ delay in filing the Cross-objection. 2. The learned Advocate for the Applicant submits that the Applicant is the land owner, whose land is acquired under the compulsory land acquisition. It is further submitted that in the proceedings for enhancement under Section 18 of the Land Acquisition Act the learned Reference Court erred in granting inadequate enhancement in the compensation. It is further submitted that even though the Acquiring Body has filed the First Appeal and it has become necessary for the Applicant - Claimant to file the Cross-objection, for want of legal knowledge and due to the financial crisis, the Applicant could not approach his learned Advocate earlier and hence the delay is caused. It 2026:BHC-AUG:41897 2 is submitted that the delay is neither deliberate nor attributable to lethargy or negligence on the part of the Applicant. Hence he prays that the Application may be allowed. 3. The learned Advocate for the Acquiring Body formally opposes the Application. 4. Having regard to the aforesaid submissions and for the reasons stated in the Application, the Application deserves to be allowed. Hence the following order. ORDER (i) The Civil Application is allowed. (ii) Delay of 244 days caused in filing the Cross-objection stands condoned. (iii) The Cross-objection be registered. ( AJIT B. KADETHANKAR, J. ) GGP