Vithal Shrirang Mhaske v. The Executive Engineer Minor Irrigation Division Osmanabad And ANR
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD 19 CIVIL APPLICATION NO. 1651 OF 2022 IN CROSS-OBJECTION (ST) NO. 4421 OF 2020 WITH CA/228/2015 IN FA/3462/2019 VITHAL SHRIRANG MHASKE
VERSUS
THE EXECUTIVE ENGINEER MINOR IRRIGATION DIVISION OSMANABAD AND ANOTHER AND 20 CIVIL APPLICATION NO.1655 OF 2022 IN CROSS-OBJECTION (ST) NO. 25630 OF 2020 WITH CA/10274/2018 IN FA/3238/2019 JANARDHAN SAMBHAJI MANE
VERSUS
THE EXECUTIVE ENGINEER MINOR IRRIGATION DIVISION OSMANABAD AND OTHERS AND 21 CIVIL APPLICATION NO. 2442 OF 2022 IN CROSS-OBJECTION (ST) NO. 9566 OF 2021 GAUTAM MAHADEO DHOLE
VERSUS
THE EXECUTIVE ENGINEER MINOR IRRIGATION DIVISION OSMANABAD AND OTHERS AND 22 CIVIL APPLICATION NO. 2462 OF 2022 IN CROSS-OBJECTION (ST) NO. 16542 OF 2020 WITH CA/11944/2017 IN FA/2069/2019 AKBARKHAN CHANDKHA PATHAN
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS 1/3
...
Mr. V.V. Ingale - Advocate for Applicants Mr. S.S. Dande, Mr. B.V. Virdhe, Mr. A.B. Chate & Mr. S.N. Kendre - AGP's for Respondents, State ....
CORAM : SANDIPKUMAR C. MORE, J.
DATE : 10th April, 2023 PER COURT :
1.
Heard rival submissions.
2.
The respective applicants are seeking condonation of respective delay periods mentioned in these applications for filing cross-objections, which appear to be caused due to their poor financial condition.
3.
The learned counsel for the acquiring body and the learned A.G.P. strongly opposed the applications on the ground that, delay is not properly explained. 4.
However, considering the statutory right of the applicants and for the reasons stated in the applications, the applications are allowed and the delay periods in filing the Cross-objections stand condoned subject to condition that the 2/3
applicants shall not claim any interest for the aforesaid delay periods on enhanced compensation, if granted. 5.
The Cross-objections be registered after removal of office objections, if any.
6.
The applications are accordingly disposed of. CIVIL APPLICATION NO. 228 OF 2015 CIVIL APPLICATION NO. 10274 OF 2018 CIVIL APPLICATION NO. 11944 OF 2017 7.
Since the appellant - acquiring body has deposited entire amounts of compensation alongwith the interest, the applications are made absolute in terms of prayer clause - A/ B and disposed of.
[ SANDIPKUMAR C. MORE ] JUDGE Pooja K.
3/3