Bombay High Court

UNION OF INDIA THROUGH THE GENERAL MANAGER CENTRAL RAILWAYversusCHANDRAHANS S/O BABAJI GITE

Disposal: Admitted/Allowed/Granted/Rule Absolute

Holding

The court condoned the 281‑day delay in filing the first appeal and granted a further six‑week extension for depositing the award amount.

Summary

The Union of India, represented by the General Manager of Central Railway, appealed a judgment and award dated 19 September 2022 issued by the 3rd Joint Civil Judge, Senior Division, Beed in a land acquisition matter. The appeal was filed after a delay of 281 days, which the appellant attributed to administrative exigencies such as collecting court fees. The court examined whether this delay was excusable and found the reasons justified, thereby condoning the delay and allowing the first appeal to be registered. In a related application, the court had previously stayed execution of the award and required the acquiring body to deposit the full award amount within ten weeks, a condition that was not met. The appellant sought an additional six‑week extension, which the court granted, imposing a cost of Rs. 25,000 for any further extension. Consequently, the civil applications were allowed, the appeal was registered, and the time to deposit the award was extended.

Issues considered

Whether a delay of 281 days in filing a first appeal can be condoned under the principles of natural justice and procedural law.
Whether the court may extend the time granted for the depositing of the award amount in a land acquisition case.

Subjects

condonation of delay
first appeal
land acquisition
stay of execution
time extension
court fees
civil procedure

Judgment

                                1
                                                926-ca-1548-2024

     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                BENCH AT AURANGABAD

CIVIL APPLICATION NO. 1548 OF 2024 IN FAST/35032/2023

    Union Of India Through The General Manager Central
                          Railway
                          VERSUS
                Chandrahans S/o Babaji Gite
                             ...
Mr. R. S. Sarvadnya, Advocate for Applicant
Mr. S. V. Jadhwar a/w Mr. Vishal Thorave, Advocate for
Respondent
                             ...
                           WITH
CIVIL APPLICATION NO. 1549 OF 2024 IN FAST/35032/2023
                            …..
                     CORAM : AJIT B. KADETHANKAR, J.
                       DATED : 04TH SEPTEMBER, 2026
P.C. :-

CIVIL APPLICATION NO. 1548 OF 2024

.         Feeling aggrieved by the judgment and award dated

19.09.2022 passed by 3rd Joint Civil Judge, Senior Division,

Beed in Land Acquisition Reference No.18 of 2016, the

Acquiring Body has filed First Appeal in this Court. There is

delay of 281 days caused in filing the First Appeal.

2.        It is submitted that the delay is not deliberate nor

intentional. The delay has arisen on account of administrative

exigencies including the time elapsed in collecting court fees

funds.
                                      2
                                                         926-ca-1548-2024

3.       Mr. S. V. Jadhwar, learned advocate for the claimant,

prays to pass appropriate order.

4.       I can see that the delay is not exorbitant one and the

reasons     stated   in   the    application       are   justifiable   for

condonation of delay. In view of the above, I pass following

order:

                                ORDER

      a.   Civil application stands allowed.
      b.   The delay of 281 days caused in filing First
      Appeal stands condoned.
      c.   First appeal be registered.


FIRST APPEAL ST. NO.35032 OF 2023

.        Issue   notice   to    the       respondents,   returnable    on

05.10.2026. Mr. S. V. Jadhwar learned advocate waives

service of notice for sole respondent.



CIVIL APPLICATION NO. 1549 OF 2024

.        This Court vide order dated 27.01.2026 granted stay to

the execution and operation of the impugned judgment and

award. A condition was imposed that the acquiring body shall

deposit the entire payable award amount in this Court within

a period of ten weeks from 27.01.2026.
                               3
                                                926-ca-1548-2024

2.      Mr. S. V. Jadhwar learned advocate for the claimant

submits that the Acquiring Body has not yet deposited such

amount.

3.      Mr. R. S. Sarvadnya learned advocate for the Acquiring

Body / appellant seeks some time and assures that within six

weeks from today the amount will be deposited without any

further delay.

4.      The time granted by this Court to deposit the payable

award amount is extended by further six weeks from today.

5.      Any further extension shall be at the costs of

Rs.25,000/- to be deposited in this Court.



                                   ( AJIT B. KADETHANKAR, J. )

Rushikesh/2026

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