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Bombay High Court

THE STATE OF MAHARASHTRA (THROGH THE DEPUTY COLLECTOR (LAND ACQUISITION))versusSHRI. PANDURANG DADYA TANDEL SINDE DECEASED THROUGH LRS

Decided
Disposal
Disposed Off

Holding

Interim relief is granted conditionally on deposit of the decretal amount, and the appellant must file the paper book within one year.

Summary

The State of Maharashtra, represented by the Deputy Collector (Land Acquisition), appealed against the estate of the deceased Shri. Pandurang Dadya Tandel Sinde. The appeal involved procedural orders concerning interim applications and the filing of a paper book. The court allowed Interim Application No. 13 of 2019 and disposed of it, and also granted interim relief under prayer clause (b) of Interim Application No. 14 of 2019, conditioning it on the appellant depositing the full decretal amount with interest within eight weeks. The court warned that failure to make the deposit would automatically vacate the interim relief. Additionally, the appellant was directed to file the paper book within one year from the date of the order. The matter remains pending for final determination of the appeal.

Issues considered

  • Whether interim relief should be granted subject to the appellant depositing the decretal amount with interest within a specified period
  • Whether the appellant is required to file the paper book within one year from the date of the order

Subjects

  • land acquisition
  • interim relief
  • procedural order
  • paper book filing
  • decretal payment

Judgment

                                                                            66-FA(ST)-25019-2019.doc


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

                                         FIRST APPEAL (ST) NO. 25019 OF 2019

SHABNOOR
                      The State Of Maharashtra
AYUB                  (Through The Deputy Collector
PATHAN
                      (Land Acquisition)                           … Appellant
Digitally signed by
SHABNOOR AYUB
PATHAN
                                 V/s.
Date: 2026.08.25
16:19:00 +0530
                      Shri. Pandurang Dadya Tandel
                      Sinde Deceased Through Lrs                   … Respondent


                                                   WITH
                                   CROSS OBJECTION (ST) NO. 33069 OF 2025
                                                   WITH
                                     INTERIM APPLICATION NO. 14 OF 2019
                                                   WITH
                                     INTERIM APPLICATION NO. 13 OF 2019



                      Mr. A. R. Patil, Addl. GP, for the Appellant/ Applicant.
                      Mr. Hemant Ghadigaonkar a/w Om Gandhi, for
                      Respondent.


                                                    CORAM     : AMIT BORKAR, J.

                                                    DATED     : AUGUST 25, 2026
                      P.C.:
                                         INTERIM APPLICATION NO. 13 OF 2019

                      1.      For the reasons stated in the application, the same is
                      allowed.

                      2.      The Interim Application stands disposed of.




                                                          1
                                                   66-FA(ST)-25019-2019.doc


               FIRST APPEAL (ST) NO. 25019 OF 2019

3.    Admit.

4.    The appellant shall file the paper book within a period of one
year from today.

          CROSS OBJECTION (ST) NO. 33069 OF 2025

5.    Admit.


               INTERIM APPLICATION NO. 14 OF 2019

6.    Considering the reasons stated in the memo of appeal, there
shall be interim relief in terms of prayer clause (b), subject to the
appellant depositing the entire decretal amount along with interest
within a period of eight weeks from the date of this order.

7.    It is made clear that in the case the appellant fails to deposit
the aforesaid amount within the stipulated period of eight weeks,
the interim relief granted herein shall stand vacated automatically.

8.    The application stands disposed of.


                                             (AMIT BORKAR, J.)




                                  2


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