Bombay High Court

EX. ENGINEER, MINOR IRRIGATION DIV. PARBHANI UNDER G.M.I.D.C, AURANGABAD AND ORSversusVAIJNATH SHYAMRAO PHAD

Disposal: Admitted/Allowed/Granted/Rule Absolute

Holding

The seven‑day delay in filing the first appeals is condoned, and the appeals are to be registered.

Summary

The acquiring authority filed first appeals against the judgment and award dated 27‑11‑2019 in three land acquisition references, but the appeals were lodged seven days after the prescribed period. The authority contended that the delay was neither deliberate nor negligent and cited the Supreme Court’s decision in Sheo Raj Singh v. Union of India (Civil Appeal No.5867 of 2015) where a much longer delay was condoned. The High Court examined the reasons for the delay and, relying on the precedent, held that the seven‑day lapse could be condoned. Consequently, the court ordered that the first appeals be registered and confirmed the interim relief previously granted, as the full compensation had already been deposited. All the pending civil applications were thereafter disposed.

Issues considered

Whether a delay of seven days in filing a first appeal against a land acquisition judgment can be condoned.
Whether the principles laid down in Sheo Raj Singh v. Union of India (Civil Appeal No.5867 of 2015) are applicable to the present case.
Whether the interim relief granted earlier should continue pending the appeal.

Subjects

land acquisition
delay condonation
first appeal
interim relief
civil procedure

Judgment

2026:BHC-AUG:42098

                                               1
                                                          920 CA 10284 OF 2021

                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    BENCH AT AURANGABAD

                            920 CIVIL APPLICATION NO. 10284 OF 2021
                                       IN FAST/14880/2021
                                              WITH
                              CIVIL APPLICATION NO. 10285 OF 2021
                                       IN FAST/14880/2021

                     EX. ENGINEER, MINOR IRRIGATION DIV. PARBHANI UNDER
                                  G.M.I.D.C, AURANGABAD AND ORS
                                                VERSUS
                                    SANDIP MUKUNDRAO MUNDE
                                                   ...
                     Mr. B. R. Survase, Advocate for Applicants
                     Mr. J. M. Murkute, Advocate for Respondent
                                                 WITH
                                CIVIL APPLICATION NO. 10280 OF 2021
                                          IN FAST/14859/2021
                                                 WITH
                                CIVIL APPLICATION NO. 10281 OF 2021
                                          IN FAST/14859/2021

                     EX. ENGINEER, MINOR IRRIGATION DIV. PARBHANI UNDER
                                  G.M.I.D.C, AURANGABAD AND ORS
                                                VERSUS
                                  DYANOBA DATTU MUNDE AND ORS
                                                   …
                     Mr. B. R. Survase, Advocate for Applicant
                     Mr. P. C. Mayure, Advocate for Respondent Nos.1 to 8
                                                 WITH
                                CIVIL APPLICATION NO. 10282 OF 2021
                                          IN FAST/14870/2021
                                                 WITH
                                CIVIL APPLICATION NO. 10283 OF 2021
                                          IN FAST/14870/2021

                     EX. ENGINEER, MINOR IRRIGATION DIV. PARBHANI UNDER
                                G.M.I.D.C, AURANGABAD AND ORS
                                             VERSUS
                                   VAIJNATH SHYAMRAO PHAD
                                               …
                                  2
                                                920 CA 10284 OF 2021

Mr. B. R. Survase, Advocate for Applicants
Mr. P. C. Mayure, Advocate for Respondent
                              …
                        CORAM : AJIT B. KADETHANKAR, J.
                        DATED : 8th September 2026

P.C. :-

CIVIL APPLICATION NO. 10284 OF 2021 (Delay)
CIVIL APPLICATION NO. 10282 OF 2021 (Delay)
CIVIL APPLICATION NO. 10280 OF 2021 (Delay)

.         Feeling aggrieved by the judgment and award dated

27.11.2019 passed by the learned Civil Judge, Senior Division,

Gangakhed in Land Acquisition Reference Nos.18 of 2013,

19 of 2013 and 25 of 2013, the acquiring body has filed the

first appeals.

2.        There is delay of 7 days in filing the first appeals. The

reasons explaining the delay are at paragraph Nos.4 to 7 of

the Civil Applications. It is stated that the delay is not

deliberate nor by way of negligence. That the delay is also not

a huge one. A profitable reference can be made to the

Judgment & Order passed by the Honorable 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]. Honorable Supreme Court was dealing with

an Appeal wherein High Court’s order condoning delay of 479
                                  3
                                                 920 CA 10284 OF 2021

days caused in filing a First Appeal by the Government against

a Judgment & Award passed in Land Acquisition Reference

was under challenge.

3.    For the reasons stated in the applications, the same

stands allowed. Delay caused in filing the appeals stands

condoned.

4.    First Appeals be registered.

FAST/14870/2021

5.    Issue   notice   to   the       respondents,   returnable   on

06.10.2026. Mr. P. C. Mayure, learned Advocate waives

service of notice for the respondent/claimant.

6.    Call Record and Proceeding.
CIVIL APPLICATION NO. 10285 OF 2021 (Stay)
CIVIL APPLICATION NO. 10283 OF 2021(Stay)
CIVIL APPLICATION NO. 10281 OF 2021 (Stay)

7.    Since the acquiring body has deposited entire amount of

compensation in this Court, interim relief granted earlier

stands confirmed.

8.    Civil Applications stand disposed of.



                                      ( AJIT B. KADETHANKAR, J. )

PRW

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