Bombay High Court

THE STATE OF MAHARASHTRA THROUGH THE SPECIAL LAND ACQUISITION OFFICERversusVISHVANATH BALU PATIL AND ORS.

Decided: 29 September 2026
Disposal: Disposed Off

Holding

The court condoned the delay, ordered deposit of the decretal amount with interest, allowed partial withdrawal, and admitted the appeal.

Summary

The State of Maharashtra, represented by the Special Land Acquisition Officer, appealed against Vishvanath Balu Patil and others. The High Court entertained three interim applications. It condoned the delay in filing the appeal, ordered the appellant to deposit the full decretal amount with interest within eight weeks, and permitted the claimants to withdraw 50% of the deposited sum without security. The remaining 50% will be considered later. The court admitted the appeal and directed that the paper book be filed within one year.

Issues considered

Whether the delay in filing the appeal should be condoned
Whether the appellant should be directed to deposit the decretal amount with interest
Whether the claimants may withdraw a portion of the deposited amount without furnishing security

Subjects

Land acquisition
Interim relief
Condonation of delay
Decretal amount
High Court of Bombay
Appeal

Judgment

                                                      5-FA(ST)-15847-2025.doc


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

                FIRST APPEAL (ST) NO. 15847 OF 2025
                               WITH
               INTERIM APPLICATION NO. 7119 OF 2026
                               WITH
              INTERIM APPLICATION NO. 11657 OF 2025
                               WITH
              INTERIM APPLICATION NO. 11659 OF 2025

The State Of Maharashtra Through The
Special Land Acquisition Officer               … Appellant
           V/s.
Vishvanath Balu Patil And Ors.                 … Respondents

Mr. A. R. Patil, Additional GP for Appellant-Applicant.
Mr. Sachin Punde, for Respondents.


                              CORAM      : AMIT BORKAR, J.

                              DATED      : SEPTEMBER 29, 2026
P.C.:
               INTERIM APPLICATION NO. 7119 OF 2026

1.       For the reasons stated in the application, the same is allowed
in terms of prayer clauses ‘b’ to ‘d’.

2.       Necessary amendment is to be carried out within period of
two weeks.

                 INTERIM APPLICATION NO. 11657 OF 2025

3.       For the reasons stated in paragraph nos. 2 to 5, the delay in
filing appeal is condoned. The application is allowed in terms of
prayer clause ‘d’.



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                                                    5-FA(ST)-15847-2025.doc


               INTERIM APPLICATION NO. 11659 OF 2025

4.    Subject to the condition that the Appellant shall, within
period of eight weeks from today, deposit entire decretal amount
along with accrued interest with the Reference Court, there shall
be interim relief in terms of prayer clause ‘b’.

5.    Upon deposit of the amount as directed by the order, the
Claimants are permitted to withdraw 50% of the deposited amount
without furnishing security upon filing of usual undertaking.
Insofar as the remaining 50% is concerned, this Court will consider
the said prayer at an appropriate stage.

                 FIRST APPEAL (ST) NO. 15847 OF 2025

6.    Admit.

7.    Paper book is to be filed within period of one year.




                                               (AMIT BORKAR, J.)




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Sachin Punde