Bombay High Court

THE EXECUTIVE ENGINEER MINOR IRRIGATION DIVI. JALGAONversusREJENDRA VITTHAL PATIL AND ANOTHER

Disposal: DISPOSED OFF
Bench: SANJAY A DESHMUKH

Holding

The court dismissed the time‑extension application as infructuous, granted a stay of execution, and condoned the delay in filing the X‑objection.

Summary

The case concerns land acquisition proceedings where the appellant, Vitthal Damodar Patil, challenged a judgment and award issued by the Special Land Acquisition Officer. Several civil applications were filed seeking time to deposit 50% of the award, a stay of execution, and condonation of delay in filing an X‑objection. The court found the application for time to deposit the award infructuous as the amount had already been deposited, and therefore dismissed it. It allowed the application for a stay of execution and also condoned the 866‑day delay in filing the X‑objection, relying on the Supreme Court’s decision in New Okhla Industrial Development Authority v. Rameshwar. The appeals, having been remanded by the Supreme Court, were adjourned for further hearing on 5 May 2026.

Issues considered

Whether an application seeking time to deposit a portion of the award is maintainable when the amount has already been deposited.
Whether a stay of execution of the judgment and award can be granted under the circumstances.
Whether a delay of 866 days in filing an X‑objection can be condoned in the interest of justice.

Subjects

land acquisition
judgment and award
stay of execution
condonation of delay
civil application
Supreme Court remand
X‑objection

Judgment

             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        BENCH AT AURANGABAD

                       928 FIRST APPEAL NO. 2536 OF 2015

                           VITTHAL DAMODAR PATIL
                                   VERSUS
     THE SPECIAL LAND ACQUISITION OFFICER, M I W JALGAON AND
                                  ANOTHER
                                       ...
Mr. A. B. Kale, Advocate for Appellant
Mr. S. G. Joshi, AGP for the Respondent/State

                                     WITH
                         FIRST APPEAL NO. 1242 OF 2012

          THE EXECUTIVE ENGINEER, MINOR IRRITATION JALGAON
                                    VERSUS
                      RAJENDRA VITTHAL PATIL AND ANR
                                       …
Mr. S. S. Chillarge, Advocate for the appellant

                                      WITH
                       CIVIL APPLICATION NO. 4831 OF 2014
                                 IN FA/1242/2012

      THE EXECUTIVE ENGINEER MINOR IRRIGATION DIVI. JALGAON
                                    VERSUS
                  REJENDRA VITTHAL PATIL AND ANOTHER
                                       …
Mr. S. S. Chillarge, Advocate for the Applicant

                                  WITH
                   CIVIL APPLICATION NO. 12420 OF 2016
                          IN X-OBJST/36791/2015

                    RAJENDRA VITHHAL PATIL
                            VERSUS
 THE SPECIAL LAND ACQUISITION OFFICER, M.I.W., JALGAON AND ANR
                              …


928 FA 2536.2015.odt                                          1 of 4
Mr. A. B. Kale, Advocate for Applicant
Mr. S. G. Joshi, AGP for the Respondent/State

                                      WITH
                       CIVIL APPLICATION NO. 8568 OF 2011
                                 IN FA/1242/2012

          THE EXECUTIVE ENGINEER, MINOR IRRITATION JALGAON
                                    VERSUS
                      RAJENDRA VITTHAL PATIL AND ANR
                                       …
Mr. S. S. Chillarge, Advocate for the Applicant

                                    CORAM : SANJAY A. DESHMUKH, J.
                                    DATED    : 30th APRIL, 2026

P. C. :-

           ORDER BELOW CIVIL APPLICATION NO. 4831 OF 2014
                        IN FA NO. 1242/2012

1.          This is an application seeking grant of 12 weeks’ time to deposit

50% of the amount under the impugned judgment and award. The

application was filed on 06/02/2014, and more than 14 years have elapsed. It

is submitted that the entire amount has already been deposited in this Court.


2.          In view of the above, the application has become infructuous and

is disposed of accordingly.


           ORDER BELOW CIVIL APPLICATION NO. 8568 OF 2011

3.          This is an application seeking stay to the execution of the




928 FA 2536.2015.odt                                                     2 of 4
impugned judgment and award. It is submitted that the entire amount has

been deposited in this Court. In view thereof, the application deserves to be

allowed. Hence, the application is allowed and disposed of.


          ORDER BELOW CIVIL APPLICATION NO. 12420 OF 2016

4.           This is an application for condonation of delay of 866 days in for

filing X-Objection.


5.           Perused the application. Heard learned Advocates for both sides.

Considering reasons stated in the application and law laid down by the

Hon’ble Supreme Court in the case of New Okhla Industrial Development

Authority vs. Rameshwar @ Ramesh Chandra Sharma (Dead) Through Legal

heir and another; 2022 SCC Online SC 1599 . The application deserves to be

allowed in the interest of justice as the delay is not deliberate caused. Hence,

application is allowed. Delay is condoned.


6.           X-Objection be registered. Mr.      Chillarge, learned Advocate

waives service of notice for Respondent No.1.


     ORDER BELOW FIRST APPEAL NOS. 1242 OF 2012 AND 2536 OF 2015

7.           Heard learned Advocate Mr. A. B. Kale for the appellant at length.

Mr. Chillarge, learned Advocate for the Acquiring Body, seeks time. The




928 FA 2536.2015.odt                                                      3 of 4
appeals have been remanded by the Hon’ble Supreme Court; therefore, it is

necessary that these appeals be heard and decided as expeditiously as

possible.


8.          Stand over to 5th May, 2026 at 2.30 p.m. first on board.



                                          (SANJAY A. DESHMUKH, J.)


ssp




928 FA 2536.2015.odt                                                   4 of 4

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