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Bombay High Court

THE STATE OF MAHARASHTRA THROUGH THE SPECIAL LAND ACQUISITION OFFICERversusBALARAM NARAYAN PATIL

Decided
Disposal
Allowed

Holding

The Court allowed the interim applications, condoned the delay in filing the appeal, and admitted the appeal.

Summary

The State of Maharashtra, represented by the Special Land Acquisition Officer, filed an appeal against Shri Balaram Narayan Patil and others. The respondents filed interim applications (Nos. 11339 and 11340 of 2025) seeking various reliefs, including representation of legal heirs. The Court allowed the interim applications, granting the reliefs sought in prayer clauses (b) to (d) and permitting the appearance of the legal heirs. It also ordered necessary amendments to be made within four weeks and condoned the delay in filing the first appeal. The appeal was admitted and the appellant was directed to file a paper book within one year of the order.

Issues considered

  • Whether the delay in filing the first appeal can be condoned
  • Whether the interim applications seeking procedural relief should be allowed

Subjects

  • land acquisition
  • procedural delay
  • condonation of delay
  • interim relief
  • appeal admission

Judgment

                                                                              44-fast2556-2017.doc


                      AGK
                                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                        CIVIL APPELLATE JURISDICTION

                                       FIRST APPEAL (ST) NO. 2556 OF 2017

                      The State Of Maharashtra
                      (Thr. The Special Land
                      Acquisition Officer)                          … Appellant
                                  V/s.
                      Shri. Balaram Narayan Patil And Ors.          … Respondents

                                                     WITH
                                    INTERIM APPLICATION NO. 11339 OF 2025
                                                     WITH
                                    INTERIM APPLICATION NO. 11340 OF 2025
ATUL                                                 WITH
GANESH
KULKARNI                      CIVIL APPLICATION IN FIRST APPEAL NO. 2427 OF 2017
Digitally signed by
ATUL GANESH
KULKARNI
Date: 2026.08.25
17:36:14 +0530        Mr. A.R. Patil, Additional G.P. for the appellant/
                      applicant.
                      Mrs. Deepa S. Punde i/by Mr. Sachin S. Punde for
                      respondent Nos.1, 3 to 5/original claimants.


                                                    CORAM     : AMIT BORKAR, J.

                                                    DATED     : AUGUST 25, 2026
                      P.C.:
                      Interim Application No.11339 of 2025:

                      1.       For the reasons set out therein, the same is allowed in terms
                      of prayer clauses (b) to (d).

                      Interim Application No.11340 of 2025:

                      2.       Ms. Punde, learned Advocate for the applicant states that she
                      has instructions to appear on behalf of legal heirs of respondent
                      No.2.


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                                                      44-fast2556-2017.doc


3.    Hence, the interim application is allowed.

4.    Necessary amendments to be carried out within four weeks
from today.

Civil Application No.2427 of 2017:

5.    For the reasons set out therein, the interim application is
allowed. The delay caused in filing the first appeal is condoned.

First Appeal (St.) No.2556 of 2017:

6.    Admit.

7.    Appellant to file paper book within one year from today.


                                             (AMIT BORKAR, J.)




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