Bombay High Court

India T/h The General Manager, Central Railway, Mumbai and othersversusSudam S/o Tukaram Dhakane

Disposal: Admitted/Allowed/Granted/Rule Absolute
Bench: S G CHAPALGAONKAR

Holding

The Court condoned the 268‑day delay and ordered the appeals to be registered after removal of objections, while also directing service of respondents within four weeks.

Summary

The Union of India, represented by the General Manager of Central Railway, filed several civil applications before the Aurangabad Bench of the High Court of Bombay seeking relief against Sudam Dhakane. The applicants requested condonation of a 268‑day delay in filing an appeal against an award of the Reference Court under the Land Acquisition Act, citing administrative reasons for the delay. The Court examined the justification provided and found it sufficient to excuse the lapse, thereby allowing the condonation application. It further directed that the appeals be entered on the court's roll after removal of any office objections. In separate applications, the Court directed the appellant to serve the unserved respondents within four weeks, failing which the applications would be dismissed against those respondents. All the civil applications were subsequently disposed of by the Court.

Issues considered

Whether a delay of 268 days in filing an appeal against a Reference Court award under the Land Acquisition Act can be condoned.
Whether the appellant must serve the unserved respondents within a specified time frame.

Legislation cited

Land Acquisition Act

Subjects

condonation of delay
appeal
Land Acquisition Act
service of notice
Civil application
High Court

Judgment

                                                         972 CA 380 26+.odt

             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        BENCH AT AURANGABAD

                  972 CIVIL APPLICATION NO. 382 OF 2026
                           IN FAST/38328/2025
                                   WITH
                   CIVIL APPLICATION NO. 386 OF 2026
                            IN FAST/38320/2025
                                   WITH
                   CIVIL APPLICATION NO. 389 OF 2026
                            IN FAST/38324/2025
                                   WITH
                   CIVIL APPLICATION NO. 380 OF 2026
                            IN FAST/38311/2025
                                   WITH
                   CIVIL APPLICATION NO. 381 OF 2026
                            IN FAST/38311/2025

     UNION OF INDIA T/H THE GENERAL MANAGER, CENTRAL RAILWAY,
                            MUMBAI AND OTHERS
                                    VERSUS
                      SUDAM S/O TUKARAM DHAKANE
                                       ...
      Advocate for Applicant : Mr. Golegaonkar Madhur Anil (through V.C.)
                                       ...
                       CORAM               : S. G. CHAPALGAONKAR, J.

                      DATE                : 02.07.2026


PER COURT :

        CIVIL APPLICATION NOS. 382/2026, 386/2026 AND 389/2026

1.      Heard learned counsel appearing for the applicants.   The applicants
seek to condone delay of 268 days caused in filing appeal against the award
passed by the Reference Court under Land Acquisition Act.

2.      Perused the reasons stated in the application. Apparently, delay is
caused on account of administrative reason. Hence, case is made out to
condone the delay. In that view of the matter, the applications are allowed.
Delay is condoned.

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                                                             972 CA 380 26+.odt
3.      Appeals be registered after removal of the office objections.

4.      The Civil Applications are disposed of.

        CIVIL APPLICATION NOS. 380/2026 AND 281/2026:

5.      The appellant shall take steps against the unserved respondents
within a period of four weeks from today. In case of failure to take steps, the
applications shall be treated as dismissed against the unserved respondents
without further reference to the Court.



                                        ( S. G. CHAPALGAONKAR, J.)




mkd/-




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