Bombay High Court

THE STATE OF MAHARASHTRA THROUGH THE SPECIAL LAND ACQUISITION OFFICER NANDURBAR AND ANR.versusSAMBHU WAJYA GAVIT DIED.

Disposal: Admitted/Allowed/Granted/Rule Absolute
Bench: SHAILESH P BRAHME

Holding

The court held that the delay was condonable and the first appeal was to be restored, provided the office objections are subsequently removed.

Summary

The State of Maharashtra, represented by the Special Land Acquisition Officer, filed a civil application seeking condonation of delay and restoration of a first appeal that had been dismissed for failure to remove office objections. The respondents were Sambhu Wajya Gavit (deceased). The primary issue before the court was whether the delay in filing the application could be condoned and the first appeal reinstated despite the procedural lapse. Justice Shailesh P. Brahme examined the procedural rules governing condonation of delay and the discretion of the court to restore an appeal. Finding no substantive prejudice, the court allowed the civil application, condoned the delay, and restored the first appeal to its original position, subject to the applicant removing the office objections. The court also ordered that notice be issued to the respondents in both the first appeal and the related civil application, with a return date set for 16 February 2026.

Issues considered

Whether the delay in filing the application for condonation can be condoned under procedural law
Whether the first appeal dismissed for non‑removal of office objections can be restored

Subjects

condonation of delay
first appeal restoration
land acquisition
civil procedure
office objections

Judgment

                                                           53 CA 446 OF 2026.odt

             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        BENCH AT AURANGABAD

                     53 CIVIL APPLICATION NO. 446 OF 2026
                                IN FA/2829/2023
                                     WITH
                      CIVIL APPLICATION NO. 445 OF 2026
                                IN FA/2829/2023

      THE STATE OF MAHARASHTRA THROUGH THE SPECIAL LAND
            ACQUISITION OFFICER NANDURBAR AND ANR.
                               VERSUS
                    SAMBHU WAJYA GAVIT DIED.
                                  ...
                  Advocate for A.G.P. : Mr. S.V. Hange
                                  ...
                   CORAM                : SHAILESH P. BRAHME, J.

                        DATE              : 17.01.2026


PER COURT :

        The applicants seek condonation of delay and restoration of the first
appeal, which was dismissed for not removing the office objections.

2.      The Civil Application is allowed. The delay stands condoned. First
Appeal is restored to its original position. The applicant shall remove the
office objections.

3.      Issue notice to the respondents, in First Appeal as well as Civil
Application No. 445/2026, returnable on 16.02.2026.



                                      ( SHAILESH P. BRAHME, J.)




mkd/-




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