Bombay High Court
THE STATE OF MAHARASHTRA THROUGH THE DEPUTY COLLECTOR LAND ACQUISITIONversusCHANDRAKANT KACHARU ALIAS KACHARYA GAIKWAD
- Decided
- Disposal
- Disposed Off
Holding
The court admitted the appeal and allowed the interim applications as per the prayer clauses.
Summary
The State of Maharashtra, represented by the Deputy Collector (Land Acquisition), appealed against the heirs of Chandrakant Kacharu & Kacharya Gaikwad concerning a land acquisition matter. Several interim applications were filed, seeking various reliefs, and a cross objection was also raised. The High Court allowed the interim applications in accordance with the specified prayer clauses, ordered the necessary amendment within four weeks, and directed the appellant to file a paper book within one year. The court admitted the appeal and disposed of the cross objection. No substantive merits of the land acquisition dispute were addressed in the orders, which were purely procedural.
Issues considered
- Whether the interim applications seeking relief under the specified prayer clauses should be allowed
- Whether the appeal should be admitted and the appellant directed to file a paper book
- Procedural propriety of the cross objection
Subjects
- land acquisition
- interim relief
- appeal
- procedural order
- high court
Judgment
28-fast30712-2019 with IAs.doc
AGK
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
FIRST APPEAL (ST.) NO. 30712 OF 2019
WITH
ATUL INTERIM APPLICATION NO.3662 OF 2019
GANESH WITH
KULKARNI
CROSS OBJECTION (ST.) NO.32443 OF 2025
Digitally signed
by ATUL GANESH
KULKARNI
WITH
Date: 2026.09.22
17:23:40 +0530
INTERIM APPLICATION NO.3663 OF 2019
WITH
INTERIM APPLICATION NO.12458 OF 2025
The State of Maharashtra, through the
Deputy Collector (Land Acquisition) … Appellant
V/s.
Chandrakant Kacharu & Kacharya
Gaikwad, deceased through LRs … Respondent
Mr. A.R. Patil, Additional G.P. for the Appellant/
Applicant.
Mr. Om Gandhi i/by Mr. Hemant Ghadigaonkar for the
Respondent.
CORAM : AMIT BORKAR, J.
DATED : SEPTEMBER 22, 2026
P.C.:
Interim Application No.12458 of 2025:
1. For the reasons stated therein, the interim application is
allowed in terms of prayer clauses (b) to (d).
2. Necessary amendment to be carried out within four weeks
from today.
1
28-fast30712-2019 with IAs.doc
Interim Application No.3662 of 2019:
3. For the reasons stated in paragraphs 3 to 5, the interim
application is allowed in terms of prayer clause (b).
First Appeal (St.) No.30712 of 2019:
4. Admit.
5. Appellant to file paper book within one year from today.
Interim Application No.3663 of 2019
6. Since entire decretal amount has already been deposited
with the Reference Court and withdrawn by the claimants, there
shall be interim relief in terms of prayer clause (b).
7. The interim application stands disposed off.
Cross Objection (st.) No.32443 of 2025:
8. Admit.
(AMIT BORKAR, J.)
2
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