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Bombay High Court

GIRIDHAR HOMA @ GOMA WALVIversusTHE SPECIAL LAND ACQUISITION OFFICER 2 NANDURBAR AND ANR

Disposal
Admitted/Allowed/Granted/Rule Absolute

Holding

The Court condoned the delay, set aside the dismissal orders, and restored the appeals subject to removal of office objections within four weeks.

Summary

The petitioners, a group of landowners, had their first appeals and civil applications against the Special Land Acquisition Officer dismissed by the Registrar for failing to remove office objections within the prescribed time. They filed a composite application seeking condonation of the delay and restoration of the dismissed proceedings. The Court examined whether the delay could be condoned and the dismissal orders set aside. It held that the delay was excusable and ordered the dismissal orders quashed. Consequently, the appeals and applications were restored, subject to the condition that the petitioners remove all office objections within four weeks, failing which the order would lapse. The Court also clarified that no interest or statutory benefits would be payable for the period of delay.

Issues considered

  • Whether the Court can condone the delay in filing applications for restoration of dismissed appeals.
  • Whether the orders of dismissal by the Registrar can be set aside.
  • What conditions, if any, should be imposed on the restoration of the appeals.

Subjects

  • condonation of delay
  • restoration of appeals
  • land acquisition
  • civil procedure
  • office objections
  • interest

Judgment

2026:BHC-AUG:42204



                                             1
                                                     922 CA 8389 OF 2026 to 934

                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  BENCH AT AURANGABAD

                           922 CIVIL APPLICATION NO. 8389 OF 2026
                                      IN FAST/17490/2023

                                      RUTIYA DEVJA WALVI
                                             VERSUS
                     THE SPECIAL LAND ACQUISITION OFFICER 2 NANDURBAR
                                            AND ANR
                                              AND
                            923 CIVIL APPLICATION NO. 8390 OF 2026
                                       IN FAST/17305/2023

                                GIRIDHAR HOMA @ GOMA WALVI
                                             VERSUS
                     THE SPECIAL LAND ACQUISITION OFFICER 2 NANDURBAR
                                            AND ANR
                                              AND
                            924 CIVIL APPLICATION NO. 8391 OF 2026
                                       IN FAST/17529/2023

                      RAMU LOTAN BHIL (DIED) THR LEGAL REPR. MANSUBAI
                                        SUKRYA THAKARE.
                                             VERSUS
                     THE SPECIAL LAND ACQUISITION OFFICER-2, NANDURBAR
                                         AND ANOTHER.
                                              AND
                            925 CIVIL APPLICATION NO. 8392 OF 2026
                                       IN FAST/17207/2023

                               RAISINGH DHEDYA @ SIDYA GAVIT.
                                             VERSUS
                     THE SPECIAL LAND ACQUISITION OFFICER 2 NANDURBAR
                                            AND ANR.
                                              AND
                            926 CIVIL APPLICATION NO. 8395 OF 2026
                                       IN FAST/17236/2023

                                   ANIL KRUSHNA WASAVE.
                                          VERSUS
                     THE SPECIAL LAND ACQUISITION OFFICER 2 NANDURBAR.
                                            AND
                         2
                                 922 CA 8389 OF 2026 to 934

       927 CIVIL APPLICATION NO. 8396 OF 2026
                  IN FAST/17228/2023

BAJUBAI @ BAJU HIRYA GAVIT DIED THROUGH LEGAL REPR.
                          YESU.
                         VERSUS
 THE SPECIAL LAND ACQUISITION OFFICER 2 NANDURBAR
                        AND ANR
                           AND
        928 CIVIL APPLICATION NO. 8397 OF 2026
                   IN FAST/17531/2023

MANSINGH GENYA GAVIT (DIED) THR LRS. MANILA SUNIL
                    WALVI AND ORS.
                        VERSUS
THE SPECIAL LAND ACQUISITION OFFICER-2, NANDURBAR
                    AND ANOTHER.
                         AND
       929 CIVIL APPLICATION NO. 8398 OF 2026
                  IN FAST/17088/2023

 TULSHIRAM DITYA WASAVE DIED THR LRS RAMAN (DIED)
        NIRMALABAI (DIED) SUNITABAI AND ORS.
                         VERSUS
 THE SPECIAL LAND ACQUISITION OFFICER 2 NANDURBAR
                        AND ANR.
                          AND
        930 CIVIL APPLICATION NO. 8399 OF 2026
                   IN FAST/17298/2023

               CHAMPA NIMBA THAKARE
                         VERSUS
 THE SPECIAL LAND ACQUISITION OFFICER 2 NANDURBAR
                        AND ANR
                          AND
        931 CIVIL APPLICATION NO. 8400 OF 2026
                   IN FAST/17251/2023

         GANESH MUNGLAYA WALVI @ GAVIT.
                      VERSUS
 THE SPECIAL LAND ACQUISITION OFFICER 2 NANDURBAR
                     AND ANR.
                       AND
                                3
                                         922 CA 8389 OF 2026 to 934

             932 CIVIL APPLICATION NO. 8401 OF 2026
                        IN FAST/17082/2023

            SURUPSINGH SUKRYA THAKARE @ BHIL.
                            VERSUS
    THE SPECIAL LAND ACQUISITION OFFICER 2 NANDURBAR
                           AND ANR.
                             AND
           933 CIVIL APPLICATION NO. 8402 OF 2026
                      IN FAST/17301/2023

              GIRDHAR KOTHA @ POTHA WALVI.
                            VERSUS
    THE SPECIAL LAND ACQUISITION OFFICER 2 NANDURBAR
                           AND ANR.
                             AND
           934 CIVIL APPLICATION NO. 8403 OF 2026
                      IN FAST/17537/2023

  MADHAV DAMU WALVI THR G.P.A. RUSA MADHAV WALVI
                           VERSUS
  THE SPECIAL LAND ACQUISITION OFFICER-2, NANDURBAR
                       AND ANOTHER
                              ...
Mr. D. B. Rasve, Advocate for Applicants in all matters
Mr. S. P. Sonpawale, Mr. K. B. Jadhavar, Mr. S. N. Kendre,
Mr. R. K. Ingole, Mr. A. V. Lavte and Mr. B. V. Virdhe, AGPs
for Respondent-State respectively
                              …

                       CORAM : AJIT B. KADETHANKAR, J.
                       DATED : 11th September 2026

P.C. :-

.         Mr. D. B. Rasve, learned Advocate for the applicants

submits that the registration of the First Appeals and Civil

Applications was refused on account of failure of the

applicants to remove office objections within the stipulated
                                 4
                                           922 CA 8389 OF 2026 to 934

time. The present applications are filed with composite prayer

for condonation of delay and restoration of the First Appeals

and Civil Applications by quashing and setting aside the said

orders of dismissal.

2.    For the reasons stated in the applications, the same are

allowed. The delay caused in filing the applications stands

condoned. The orders passed by the learned Registrar

(Judicial) of this Court are hereby quashed and set aside.

3.    The First Appeals and Civil Applications are restored to

their original position, provided that the applicants shall

remove all office objections within a period of four weeks

from today.

4.    It is made clear that if the office objections are not

removed within the stipulated period, this order shall

automatically lose its effect.

5.    It is clarified that if the appeals are allowed, the

applicants shall not be entitled to interest and statutory

benefits for the delayed period.



                                     ( AJIT B. KADETHANKAR, J. )
PRW


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