939-CA-10969-26.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 10969 OF 2026 IN CROSS OBJECTION (ST) NO. 23573 OF 2026 IN FIRST APPEAL NO. 2979 OF 2018 Manik Babarao Patil ..APPLICANT VERSUS Special Land Acquisition Officer and Additional Collector (Earthquake), Osmanabad ..RESPONDENT .... Mr. S.N. Patil, Advocate for applicant Mr. R.K. Ingole, A.G.P. for respondent .... CORAM : AJIT B. KADETHANKAR, J. DATE : 23rd SEPTEMBER, 2026 PER COURT : 1. This application is filed seeking condonation of delay of 2845 days caused in filing cross-objection. The first appeal is filed by the acquiring body in this Court against the judgment and award dated 16th August, 2013 passed by the learned C.J.S.D., Osmananbad in Land Acquisition Reference No. 21 of 2005 (Old No. 318 of 1996). 2. Pursuant to the notices issued in the first appeal, the applicant has marked his appearance. Being dissatisfied with the quantum of compensation, the applicant has also filed cross-objection for enhancement. There is delay of 2845 days caused in filing the cross-objection. The reasons for delay are 1 / 2 2026:BHC-AUG:43925 939-CA-10969-26.odt stated in Paragraph Nos.2 and 3 in a large amount of words. It is stated that the applicant has statutory right for enhancement, which cannot be deprived on account of any technicality. Obviously, the appeal is still pending for hearing. 3. In view of the above and the ratio laid down by Hon’ble Supreme Court in the case of Suresh Kumar Suresh Kumar Vs. State of Haryana and Ors. (2025 INSC 550), I deem it appropriate to allow the application. 4. In the light of this fact and considering that this is a case of judicial legislation, the application is allowed. Delay is condoned. Cross-objection be registered. The applicant shall not be entitled for any interest or any statutory benefit for the delayed period if cross-objection is allowed. ( AJIT B. KADETHANKAR, J. ) SSD 2 / 2