Bombay High Court

EXECUTIVE ENGINEER MINOR LIFT IRRIGATION MANAGEMENT DIVISION PUNEversusRAGHUNATH RAGHU THULE

Decided: 11 August 2026
Disposal: Disposed Off

Holding

The Court held that the delay was not condoned and the first appeal could not survive.

Summary

The appellant, Executive Engineer, filed an interim application seeking condonation of a six‑year delay in filing a first appeal against an award passed by the District Court under Section 18 of the Land Acquisition Act. The appellant argued that the delay was due to the time taken to obtain a certified copy of the award (received on 8 December 2020) and to complete procedural formalities, and also claimed an exclusion period from March 2020 to February 2022. The Court held that the date of the award (4 October 2017) was the date of knowledge, and the appellant failed to provide a satisfactory explanation for the delay between 2017 and 2020, as well as from March 2022 to October 2023. Consequently, the Court found no sufficient cause to condone the delay, rejected the interim application, and held that the first appeal could not survive. The interim applications were therefore disposed of.

Issues considered

Whether the six‑year delay in filing the first appeal under Section 18 of the Land Acquisition Act can be condoned.
Whether the period from March 2020 to February 2022 can be excluded from the calculation of delay.

Legislation cited

Land Acquisition Act — s. 18

Subjects

condonation of delay
land acquisition
Section 18
appeal procedure
exclusion period

Judgment

                                                                         85-fast33022-2023 with ias.doc


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

                                    FIRST APPEAL (ST.) NO. 33022 OF 2023
                                                   WITH
                                   INTERIM APPLICATION NO.18115 OF 2023
                                                   WITH
                                   INTERIM APPLICATION NO.18114 OF 2023

                      Executive Engineer, Minor Lift
                      Irrigation Management Division, Pune             … Appellant
ATUL
                                  V/s.
GANESH                Raghunath Raghu Thule & Ors.                     … Respondents
KULKARNI
Digitally signed by
ATUL GANESH
KULKARNI
Date: 2026.08.11
18:37:46 +0530
                      Mr. Ashish Gabhale with Mr. Ramesh Dube Patil, and
                      Mr. Arnav Urankar i/by Jay & Co. for the appellant/
                      applicant.
                      Mr. A.R. Patil, Additional G.P. for the State.


                                                   CORAM      : AMIT BORKAR, J.

                                                   DATED      : AUGUST 11, 2026
                      P.C.:

                      1.      By Interim Application No.18114 of 2023, the applicant has
                      requested that the delay of about six years in filing the First Appeal
                      be condoned. The appeal arises from the Award passed by the
                      District Court in Land Reference No. 51 of 2009 under Section 18
                      of the Land Acquisition Act.

                      2.      The applicant seeks condonation of the delay mainly on the
                      ground that after the certified copy became available and was
                      delivered on 08 December 2020, the matter was considered by the
                      legal department. A decision was then taken to file an appeal.
                      According to the applicant, some additional time was required to


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                                                85-fast33022-2023 with ias.doc


complete the necessary official and procedural formalities before
filing the First Appeal.

3.    The applicant has also claimed the benefit of exclusion of the
period from March 2020 to February 2022. However, the record
shows that the judgment and Award were passed on 04 October
2017. It is not disputed that the applicant was a party to the
proceedings and was heard before the Award was passed.
Therefore, in law, the date of the judgment itself must be treated
as the date on which the applicant had knowledge of the
impugned judgment and Award. It further appears that the
application for a certified copy was made only on 29 September
2020. Even if the period from March 2020 until the date of
applying for the certified copy is excluded from consideration, the
applicant has not given any satisfactory explanation for the delay
between 04 October 2017 and 29 September 2020. Similarly, no
sufficient explanation has been given for the period from March
2022 till October 2023. The reason stated in paragraph 8 is
general in nature and does not satisfactorily explain the delay
during these periods. In these circumstances, this Court finds that
sufficient cause for condonation of delay has not been shown.
Hence, no case is made out for condoning the delay and the
application deserves to be rejected.

4.    As a result, the First Appeal cannot survive for consideration.

5.    Consequently, the Interim Applications also do not survive
and are disposed of accordingly.


                                             (AMIT BORKAR, J.)


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