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Bombay High Court

THE EXECUTIVE ENGINEER DIRECTOR TAPI PATBANDHARE VIKAS MAHAMANDAL JALGAON AND ANRversusRAMESH WAMAN KINKAR AND ORS

Disposal
Admitted/Allowed/Granted/Rule Absolute

Holding

The Court held that the delay in filing the appeals is condoned.

Summary

The Executive Director of Tapi Patbandhare Vikas Mahamandal Jalgaon and others filed several civil applications seeking condonation of delay in filing appeals against awards passed by the Reference Court in land acquisition matters. The applications argued that sufficient reasons existed for the delay. The Court examined the submissions and found that the applicants had made a case for condoning the delay. Accordingly, the Court allowed the civil applications, ordered that the delay in filing the appeals be condoned, and directed that the appeals be registered after removal of any office objections. The applications were then disposed of.

Issues considered

  • Whether the delay in filing appeals against the Reference Court's award in land acquisition proceedings can be condoned under the Civil Procedure Code

Subjects

  • condonation of delay
  • appeal
  • land acquisition
  • reference court
  • civil procedure

Judgment

2026:BHC-AUG:24838
                                         (1)                     923-ca-6002-2024-Delay.odt



                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                BENCH AT AURANGABAD

                            CIVIL APPLICATION NO. 6002 OF 2024
                                     IN FAST/15265/2024

                     THE EXECUTIVE DIRECTOR TAPI PATBANDHARE VIKAS
                              MAHAMANDAL JALGAON AND ANR
                                          VERSUS
                             NIVRUTTI SHANKAR PATIL AND ORS
                                            …
                                           AND
                            CIVIL APPLICATION NO. 6006 OF 2024
                                     IN FAST/15274/2024

                     THE EXECUTIVE DIRECTOR TAPI PATBANDHARE VIKAS
                       MAHAMANDAL JALGAON DIST JALGAON AND ANR
                                          VERSUS
                     MAHESH BHAGWAT PATIL P.O.A. THR. CHHAYABAI AND
                                            ORS
                                             …
                                           AND
                            CIVIL APPLICATION NO. 6008 OF 2024
                                     IN FAST/15268/2024

                     THE EXECUTIVE ENGINEER DIRECTOR TAPI
                PATBANDHARE VIKAS MAHAMANDAL JALGAON AND ANR
                                     VERSUS
                        RAMESH WAMAN KINKAR AND ORS
                                       …
                                      AND
                       CIVIL APPLICATION NO. 6004 OF 2024
                                IN FAST/15271/2024

                 THE EXECUTIVE DIRECTOR TAPI PATBANDHARE VIKAS
                            MAHAMANDAL JALGAON AND ANR
                                         VERSUS
               MAHESH BHAGWAT PATIL POA THR. CHHAYABAI AND ORS
                                             …
               Mr. Rahul A Tambe, Advocate for Applicants.
                                             ...
                                     CORAM : S. G. CHAPALGAONKAR, J.
                                     DATED : 25th JUNE, 2026.
               P.C.:-

               1.      Heard learned Advocate appearing for applicants.
                           (2)                       923-ca-6002-2024-Delay.odt




2.      By these applications, applicants seek to condone delay
caused in filing Appeals against award passed by Reference Court
in Land Acquisition Reference.

3.      Perused application. Considering submission advanced and
reasons as stated in Civil Applications, case is made out to condone
delay. Hence, following order is passed:
                                 ORDER
a.      Civil Applications are allowed.

b.      Delay caused in filing Appeals is condone.


c.      Appeals be registered on removal of office objection, if any.


d.      Civil Applications stand disposed of.



                                          (S. G. CHAPALGAONKAR)
                                                   JUDGE
Devendra/June-2026


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