Laxmibai Tukaram Surase v. The Ex. Engineer, Minor Irrigation Div. No. 1 Aurangabad Thr Gmidc, Aurangabad

2025:BHC-AUG:2037 931 CA 953-2025

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 931 CIVIL APPLICATION NO. 953 OF 2025 IN CROSS-OBJECTION (ST) NO. 31405 OF 2024 LAXMIBAI TUKARAM SURASE

VERSUS

THE EXECUTIVE ENGINEER MINOR IRRIGATION DIVISION NO. 1 AURANGABAD THROUGH GMIDC AURANGABAD AND ANOTHER ...

Mr. r.N. Pahune Patil h/f. Mr. N.J. Pahune Patil - Advocate for Applicant Mr. Sudhir G. Bhalerao - Advocate for Respondent No.1 Mr. Rajdeep D. Raut - AGP for Respondent No.2, State ....

CORAM : SANJAY A. DESHMUKH, J.

DATE : 22nd JANUARY, 2025 PER COURT :

1.

This is an application filed for condonation of delay of 960 days in filing cross objections.

2.

Perused the application. Heard learned advocates for applicant and respondent No.1 respectively and learned A.G.P. for respondent No.2, State.

3.

Learned advocate for respondent No.1 strongly opposes the application and submits to reject the application. 4.

Considering the reasons stated in the application and the fact Pooja Kale 1/2

931 CA 953-2025 that, the applicant is agriculturist and he had no knowledge of the law to file cross objection within limitation. In view of law laid down by the Hon'ble Supreme Court in the cases of Imrat Lal and Ors. Vs. Land Acquisition Collector and Ors., (2014) 14 SCC 133 and New Okhla Industrial Development Authority Vs. Rameshwar @ Ramesh Chandra Sharma (Dead) through legal heirs and Anr., 2022 SCC OnLine SC 1599, the application deserves to be allowed in the interest of justice. The application is thus allowed. The delay caused in filing the cross objection stands condoned on the condition that the applicant shall not claim interest for the delayed period on the amount, if any, enhanced by this Court.

5.

The application is disposed of accordingly.

6.

Cross objection be registered.

[ SANJAY A. DESHMUKH ] JUDGE Pooja Kale 2/2