Bombay High Court
THE SPECIAL LAND ACQUISITION OFFICERversusDEVIDAS GOPAL GHARAT
- Decided
- Disposal
- Allowed
Holding
The court granted interim relief in both applications, conditioning the second on deposit of the decretal amount, and admitted the appeal with procedural directions.
Summary
The Special Land Acquisition Officer filed two interim applications (Nos. 16143 and 16144 of 2024) in a first appeal (ST) No. 2799 of 2024 before the Bombay High Court. The court allowed the first interim application in terms of prayer clause (b) and disposed of it. It admitted the appeal and directed that the paper book be filed within one year. For the second interim application, the court granted interim relief subject to the appellant depositing the entire decretal amount within eight weeks, otherwise the relief would be vacated. The interim applications were thus disposed of, and the appeal proceeded with the stipulated conditions.
Issues considered
- Whether interim relief under prayer clause (b) should be granted in Interim Application No. 16143 of 2024.
- Whether interim relief in Interim Application No. 16144 of 2024 should be conditioned on the appellant depositing the decretal amount.
- Whether the appeal should be admitted and procedural directions (e.g., filing of paper book) should be imposed.
Subjects
- Land Acquisition
- Interim Relief
- Appeal
- Decretal Amount
- Procedural Directions
Judgment
66-fa-st-2799-2024 with connected.doc
Shabnoor
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
FIRST APPEAL (ST) NO.2799 OF 2024
The Special Land Acquisition Officer … Appellant
Digitally
signed by V/s.
SHABNOOR
SHABNOOR AYUB
AYUB PATHAN Devidas Gopal Gharat … Respondent
PATHAN Date:
2026.09.29
17:55:05
+0530
WITH
INTERIM APPLICATION NO.16143 OF 2024
The Special Land Acquisition Officer … Applicant
V/s.
Devidas Gopal Gharat … Respondent
WITH
INTERIM APPLICATION NO.16144 OF 2024
The Special Land Acquisition Officer … Applicant
V/s.
Devidas Gopal Gharat … Respondent
Mr. A. R. Patil, Addl. GP, for the State –
Appellant/Applicant.
Ms. Harshada Shrikhande i/b Saurabh Butala, for
Respondent.
CORAM : AMIT BORKAR, J.
DATED : SEPTEMBER 29, 2026
P.C.:
INTERIM APPLICATION NO.16143 OF 2024
1. For the reasons stated in the application, the same is allowed
in terms of prayer clause (b). Accordingly, the application is
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66-fa-st-2799-2024 with connected.doc
allowed in terms of prayer clause (b).
2. The Interim Application stands disposed of.
FIRST APPEAL (ST) NO.2799 OF 2024
3. Admit.
4. The paper book to be filed within one year from today.
INTERIM APPLICATION NO.16144 OF 2024
5. Considering the nature of the challenge raised in the appeal,
there shall be interim relief in terms of prayer clause (b), subject to
the appellant depositing the entire decretal amount within a
period of eight weeks from today. In case of failure to deposit the
said amount within the stipulated period, the interim relief shall
stand vacated without further reference to the Court.
6. The Interim Application stands disposed of in above terms.
(AMIT BORKAR, J.)
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