Bombay High Court
THE SPECIAL LAND ACQUISITION OFFICER (1), UPPER TAPI PROJECT HATNUR AND ANRversusRAGHUNATH VASUDEO DESHPANDE
- Disposal
- Admitted/Allowed/Granted/Rule Absolute
- Bench
- SANJAY A DESHMUKH
Holding
The appeal was dismissed because the compensation award was within four times the SLAO award, in accordance with the State Government's policy, and the delay was condoned.
Summary
The Special Land Acquisition Officer filed a civil application seeking condonation of a 300‑day delay in filing a first appeal against a 2009 compensation award by the District Jalgaon Land Reference Court. The State Government had issued a policy resolution (03‑Nov‑2016) and a corrigendum (23‑Feb‑2017) stating that it would not contest any appeal where the compensation awarded by the reference court is within four times the amount awarded by the Special Land Acquisition Officer. The learned AGP submitted that the present appeal fell within this threshold. The court, considering the policy, allowed the condonation of delay and disposed of the first appeal without hearing, as the compensation was within the prescribed limit. The accompanying stay application was also dismissed.
Issues considered
- The court's power to condone a 300‑day delay in filing an appeal under civil procedure.
- Whether the State Government's policy resolution precludes the State from contesting an appeal where the compensation award is within four times the SLAO award.
- Whether the first appeal should be dismissed on the basis of the policy decision.
Subjects
- land acquisition
- compensation
- appeal
- condonation of delay
- state policy
- civil procedure
Judgment
2026:BHC-AUG:19174
1 919 CA.3827.2011.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
BENCH AT AURANGABAD.
919 CIVIL APPLICATION NO. 3827 OF 2011
IN FAST/4380/2011
THE SPECIAL LAND ACQUISITION OFFICER (1),
UPPER TAPI PROJECT HATNUR AND ANR
VERSUS
RAGHUNATH VASUDEO DESHPANDE
...
AGP for Applicant / State : Ms. Anuradha S. Mantri.
...
AND
CIVIL APPLICATION NO. 3828 OF 2011
IN FAST/4380/2011
AND
FIRST APPEAL (STAMP) NO.4380 OF 2011
...
CORAM : SANJAY A. DESHMUKH, J.
DATE : 28th April, 2026.
Per Court:
1 Civil Application No.3827 of 2011 is filed for condonation of delay
of 300 days caused in filing the first appeal.
2 Heard the learned counsel AGP. Perused the application.
3 For the reasons stated in the application, the delay stands
condoned. The application stands allowed in the interest of justice.
FIRST APPEAL (STAMP) NO.4380 OF 2011:
4 This appeal has been preferred against the judgment and
2 919 CA.3827.2011.odt
award dated 5th November, 2009 passed by the learned Land
Reference Court, District Jalgaon , in LAR No.1852 of 2005.
5 The learned AGP for the State submits that in view of the
policy decision of the State Government as per the Government
Resolution dated 03.11.2016 and the corrigendum dated 23.02.2017
issued thereto, the State Government has resolved not to file or
contest any appeal where the amount of compensation awarded by
the Reference Court is within four times of the amount awarded by the
SLAO. He submits that the present first appeal deserves to be
disposed of in view of the aforesaid policy decision of the State
Government, as the amount of compensation awarded by the
Reference Court is within four times of the amount awarded by the
SLAO.
6 Considering the submissions of the learned AGP as well as
the policy decision of the State Government, the appeal deserves to be
disposed of. The first appeal is disposed of accordingly.
7 Civil Application No.3828 of 2011 filed for stay is also
disposed of.
[ SANJAY A. DESHMUKH, J. ]
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