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2026 DAILYLAW 15261 (BOM)

THE EX. ENGINEER, MINOR IRRIGATION DIVISION, JALGAON AND ORS v. VIKAS ANANDA SONWANE AND ORS

CA/2415/2021 · 2026-10-01

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Judgment text

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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. … 2026:BHC-AUG:46427 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 3 962 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 4 962 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 : O R D E R 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