Bombay High Court
MADHAV DAMU WALVI THR G.P.A. RUSA MADHAV WALVIversusTHE SPECIAL LAND ACQUISITION OFFICER-2, NANDURBAR AND ANOTHER
- Disposal
- Admitted/Allowed/Granted/Rule Absolute
Holding
The Court condoned the delay, quashed the Registrar’s dismissal orders, and restored the appeals, provided the petitioners remove all office objections within four weeks.
Summary
The petitioners filed a series of first appeals and civil applications against the Special Land Acquisition Officer, NANDURBAR, which were dismissed by the Registrar for failing to remove office objections within the prescribed time. The petitioners subsequently moved the Court seeking condonation of the delay and restoration of the dismissed applications. The Court examined whether procedural delay could be condoned and whether the Registrar’s dismissal orders could be set aside. It held that the delay was condonable and that the dismissal orders should be quashed. Consequently, the Court restored the first appeals and civil applications to their original position, subject to the condition that the petitioners remove all office objections within four weeks. The order also stipulated that no interest or statutory benefits would be payable for the period of delay.
Issues considered
- Whether the delay in complying with office objections can be condoned under procedural law.
- Whether the Registrar’s orders dismissing the first appeals and civil applications can be set aside.
- Whether restoration of the appeals is permissible subject to conditions.
Subjects
- condonation of delay
- restoration of appeals
- land acquisition
- procedural objections
- civil procedure
- interest and statutory benefits
Judgment
2026:BHC-AUG:42215
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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