Bombay High Court
Vidarbha Irrigation Devp. ... vs Bebitai Ramchandra Bansod And ... on 31 August, 2021
Bench: Pushpa V. Ganediwala
cao516.21 in xob st.714.21.odt
1/3
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CAO No.516/2021 in Cross-objection (St)No.714/2021 in FIRST APPEAL
NO.1407/2017
(Babitai w/o Ramchandra Bansod Vs. State of Maharashtra and others)
__________________________________________________________________________
Office Notes, Office Memoranda of Coram,
appearances, Court's orders of directions Court's or Judge's orders.
and Registrar's Orders.
Ms. I.P. Khisti, Advocate for the appellant.
Shri A.B.Nakshine, Advocate for respondent no.1.
Ms.M.H.Deshmukh, AGP for respnodent nos.2 and 3.
CORAM : PUSHPA V. GANEDIWALA, J.
DATE : AUGUST 31, 2021.
Heard.
2. Perused the application.
3. By way of this application, the original claimant is
seeking to condone delay of 1116 days in filing Cross-
objection. The reason for delay as stated in paragraph no.3
of the application is due to financial constraints.
4. Learned counsel for the applicant relied on the case
of Imrat Lal and others Vs. Land Acquisition Collector
reported in 2014 (9) Scale 446, wherein the Hon'ble Apex
Court has observed in para 13, which reads as under:
cao516.21 in xob st.714.21.odt
"We can take judicial notice of the fact that
villagers in our country are by and large illiterate
and are not conversant with the intricacies of law.
They are usually guided by their co-villagers, who
are familiar with the proceedings in the Courts or
the advocates with whom they get in touch for
redressal of their grievance. Affidavits filed in
support of the applications for condonation of
delay are usually drafted by the advocates on the
basis of half baked information made available by
the affected persons. Therefore, in the acquisition
matters involving claim for award of just
compensation, the Court should adopt a liberal
approach and either grant time to the party to file
better affidavit to explain delay or suo motu take
cognizance of the fact that large number of other
similarly situated persons who were affected by
the determination of compensation by the Land
Acquisition Officer or the Reference Court have
been granted relief."
5. Considering the reasons as stated in the application so
also the ratio in the cited judgment, the application is
allowed. Delay of 1116 days in filing Cross-objection is
condoned, subject to rider that the Cross-objector shall not
claim interst on the enhanced amount, if any, during the
period from 23.11.2017 till 4.3.2019 on which date of
cao516.21 in xob st.714.21.odt
dismissal of the appeal, which was restored on 7.1.2021.
Cross-objection be registered.
Cross-Objection St. No.714/2021
1. Heard.
2. Cross-objection is admitted.
3. Ms. I.P.Khisti, learned counsel waives service of notice
for the appellant.
4. Ms. M.H. Deshmukh, learneld AGP waives service of
notice for respondent nos.2 and 3.
First Appeal No.1407/2017
List the matter for final hearing with the consent of both
parties on 3rd September, 2021.
JUDGE
ambulkar
