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Bombay High CourtCA/3488/2026admittedallowedgrantedrule absolute

Vilas S/O. Dnyanoba Bhandare. v. The State Of Maharashtra Through The Collector Latur And ANR.

2026-05-04Hon'Ble Shri Justice Sanjay A. Deshmukh3 pages

54 CA NO. 3488 OF 2026.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 54 CIVIL APPLICATION NO. 3488 OF 2026 IN X-OBJST/7372/2026 Vilas S/o. Dnyanoba Bhandare.

VERSUS

The State Of Maharashtra Through The Collector Latur And Anr. ...

Mr. V. G. Sakolkar And Mr. H B Nandagavale., Advocate for Applicant Mr. S. G. Sangle, AGP for Respondents/State Mr. Sunil P. Sonpawale, Advocate for Respondent No.2 ....

CORAM : SANJAY A. DESHMUKH, J.

DATE : 04.05.2026 PER COURT :- 1.

Heard.

2.

This is an application for condonation of delay of 4951 days caused in filing the Cross-Objection.

3.

The learned AGP for respondent State and learned Advocate for respondent No.2 strongly opposed the application and submitted that there is no sufficient reason to condone the delay.

4.

Perused the application. For the reasons stated therein, and considering the law laid down by the Hon'ble

(( 2 )) 54 CA NO. 3488 OF 2026 Supreme Court in Civil Appeal No.8331-8345 of 2022 in the case of New Okhla Industrial Development Authority Vs. Rameshwar @ Ramesh Chandra Sharma (Dead) Through Legal heir & Anr. decided on 17.11.2022, the claimants are entitled to receive reasonable amount of compensation at par with other similarly situated landowners. Therefore, the delay deserves to be condoned in the interest of justice, as it is not deliberately caused. The application therefore deserves to be allowed. Hence, the following order: ::ORDER::

a.

Civil Applications are allowed.

b.

The delay of 4951 days caused in filing the CrossObjections is condoned. c.

It is clarified that the applicants-claimants shall not be entitled to interest and other statutory benefits for the delayed period, if the compensation is enhanced by this Court.

d.

The application is disposed of.

In Cross-Objection 1.

Issue notice to the respondents, returnable on 23.06.2026.

(( 3 )) 54 CA NO. 3488 OF 2026 2.

Mr. S. G. Sangle, learned AGP waives service of notice for respondents-State. Mr. S. P. Sonpawale, learned advocate waives service of notice for respondent No.2.

[ SANJAY A. DESHMUKH, J. ] HRJadhav