Bombay High Court

PANDURANG BHAGU KANK (DECEASED) THR. LRS. CHIMABAI P KANK AND PRAKASH P KANKversusTHE SPECIAL LAND ACQUISITION OFFICER, PUNE AND ORS.

Decided: 25 August 2026
Disposal: Allowed

Holding

The court held that the delay is condoned and the interim applications are allowed, thereby admitting the appeal.

Summary

The appellant, Shabnoor, filed a first appeal (ST) No. 7644 of 2021 before the High Court of Bombay challenging orders of the Special Land Acquisition Officer, Pune. The appeal was filed after a delay of 1,061 days, and the appellant sought condonation of the delay along with other procedural reliefs. The court examined whether such a lengthy delay could be condoned under procedural law and whether the appellant could be permitted to file a paper book and make amendments to the pleadings. Relying on the principles of justice and the discretion vested in the court to condone delay, the judge allowed the condonation and granted the interim reliefs sought. Consequently, the interim applications were disposed, the appeal was admitted, and the appellant was directed to file the paper book within one year and to complete any amendment within four weeks.

Issues considered

Whether a delay of 1,061 days in filing the appeal can be condoned.
Whether the appellant may be permitted to file a paper book and amend pleadings within the stipulated time.

Subjects

Land Acquisition
Condonation of Delay
Interim Application
Procedural Law
Civil Appellate Jurisdiction
Paper Book
Amendment

Judgment

                                                                          75-FA(ST)-7644-2021.doc


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

                                         FIRST APPEAL (ST) NO. 7644 OF 2021

SHABNOOR
                      Pandurang Bhagu Kanka
AYUB                  (Deceased) Thr. Lrs. Chimabai P
PATHAN
                      Kank And Prakash P Kank                       … Appellant
Digitally signed by
SHABNOOR AYUB
PATHAN
                                  V/s.
Date: 2026.08.25
16:19:01 +0530
                      The Special Land Acquisition
                      Officer, Pune And Ors.                        … Respondents

                                                    WITH
                                    INTERIM APPLICATION NO. 16733 OF 2022
                                                    WITH
                                    INTERIM APPLICATION NO. 16732 OF 2022

                      Ms. Amrita Kharkar a/w Sayalee Bhosale, Hrucha Joshi
                      i/b P. H. Potnis, for the Appellant/Applicant.
                      Mr. A. R. Patil, Addl. GP, for the State – Respondent.


                                                    CORAM      : AMIT BORKAR, J.

                                                    DATED      : AUGUST 25, 2026
                      P.C.:

                                     INTERIM APPLICATION NO. 16732 OF 2022

                      1.      For the reasons stated in the application, the delay of 1061
                      days in filing the appeal is condoned.

                      2.      The Interim Application is accordingly allowed and stands
                      disposed of.

                                         FIRST APPEAL (ST) NO. 7644 OF 2021

                      3.      Admit.




                                                         1
                                                   75-FA(ST)-7644-2021.doc


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

              INTERIM APPLICATION NO. 16733 OF 2022

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

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

7.    The application stands disposed of.


                                            (AMIT BORKAR, J.)




                                 2

Continue reading with your account

Checking your session…