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Bombay High Court

THE STATE OF MAHARASHTRA THROUGH THE DEPUTY COLLECTOR LAND ACQUISITIONversusSHRI NAMDEO BALARAM GHARAT DECEASED

Decided
Disposal
Disposed Off

Holding

The Court allowed the interim applications and directed the parties to comply with the specified procedural steps, including filing a paper book and permitting amendments within four weeks.

Summary

The State of Maharashtra, through the Deputy Collector (Land Acquisition), appealed a land acquisition matter against the legal heirs of the deceased Namdeo Balaram Gharat. The respondents were represented by Ms. Harshada Shrikhande on behalf of Mr. Saurabh Butala. The High Court entertained several interim applications and a cross objection filed by the parties. The Court allowed the interim applications, directing the appellant to file a paper book within one year and permitting both parties to make necessary amendments within four weeks. The cross objection was admitted, and the appeal was admitted for further hearing.

Issues considered

  • Whether the interim applications filed by the parties should be allowed
  • Whether the appellant should be directed to file a paper book within a stipulated period
  • Whether amendments to the pleadings can be permitted within a four‑week period

Subjects

  • Land Acquisition
  • Interim Application
  • Appeal
  • Procedural Order
  • High Court

Judgment

                                                                                     70-fa(st)-7487-2023.doc


                              Vivekanand
                                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                               CIVIL APPELLATE JURISDICTION
           Digitally signed
           by
           VIVEKANAND
VIVEKANAND RAJENDRA
RAJENDRA   BONDE
BONDE      Date:
           2026.10.06
                                              FIRST APPEAL (ST) NO. 7487 OF 2023
           17:32:58 +0530
                                                            WITH
                                           INTERIM APPLICATION NO. 12423 OF 2024
                                                            WITH
                                            INTERIM APPLICATION NO. 7583 OF 2026
                                                            WITH
                                           CROSS OBJECTION (ST) NO. 8879 OF 2026

                              The State Of Maharashtra
                              Through The Deputy
                              Collector Land Acquisition                   … Appellant
                                          V/s.
                              Namdeo      Balaram     Gharat    (since
                              deceased) through legal heirs & Ors.         … Respondents

                              Mr. A. R. Patil,          Additional   G.   P,   for    the
                              Appellant/Applicant.
                              Ms. Harshada Shrikhande i/b Mr. Saurabh Butala, for
                              the Respondent.


                                                           CORAM     : AMIT BORKAR, J.

                                                           DATED     : OCTOBER 6, 2026
                              P.C.:

                              INTERIM APPLICATION NO. 12423 OF 2024 :-

                              1.      For the reasons stated in paragraph Nos. 3 to 5, the
                              application is allowed in terms of prayer clause (b).

                              FIRST APPEAL (ST) NO. 7487 OF 2023 :-

                              2.      Admit.

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



                                                                 1
                                                    70-fa(st)-7487-2023.doc




CROSS OBJECTION (ST) NO. 8879 OF 2026 :-

4.    Admit.


INTERIM APPLICATION NO. 7583 OF 2026 :-

5.    For the reasons stated in the application, the same is allowed
in terms of prayer clauses (a) to (c).

6.    Necessary amendments to be carried out within a period of
four weeks from today.

7.    The State is also permitted to carry out necessary
amendments in first appeal within a period of four weeks from
today.


                                            (AMIT BORKAR, J.)




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