Bombay High Court

SHRI.RAMESH VITTHAL THAKURversusTHE STATE OF MAHARARSHTRA (THR. THE DEPUTY COLLECTOR,(LAND ACQUISITION)

Decided: 18 August 2026
Disposal: Disposed Off

Holding

The Court allowed both interim applications, accepting the delayed challan as valid payment of court fees and permitting withdrawal of 50% of the directed amount, with the balance contingent on security.

Summary

The State of Maharashtra appealed a decision of the Reference Court concerning compensation under the Land Acquisition Act, 1894, and filed two interim applications. The first sought a direction to accept a court fee challan dated 27 January 2021 as valid, despite its delayed annexation caused by the COVID‑19 pandemic and the death of the clerk. The second application requested permission to withdraw 50% of the amount directed by the Reference Court, with the balance to be withdrawn upon furnishing security. The Court held that the reasons for delay were sufficient to treat the challan as compliance with the fee obligation and adopted a liberal approach in accepting the payment. It also allowed the withdrawal of half the amount unconditionally, conditioning the remaining half on security, and disposed of both interim applications accordingly.

Issues considered

Whether a delayed annexation of a court fee challan can be treated as compliance with the fee obligation.
Whether the claimants may withdraw 50% of the amount directed by the Reference Court and what conditions, if any, apply to the remaining 50%.

Legislation cited

Land Acquisition Act, 1894

Subjects

land acquisition
compensation
court fees
interim application
withdrawal of amount
liberal approach
COVID-19
procedural compliance

Judgment

                                                                     17-fa832-2022 with IAs.doc


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

                                      FIRST APPEAL NO. 832 OF 2022
                                                  WITH
                                   CIVIL APPLICATION NO.3527 OF 2019
                                                  WITH
                                 INTERIM APPLICATION NO.5019 OF 2026
                                                  WITH
                                 INTERIM APPLICATION NO.5020 OF 2026


                   The State of Maharashtra                    … Appellant
                              V/s.
                   Ramesh Vitthal Thakur                       … Respondent

ATUL
GANESH
KULKARNI
                   Mr. A.R. Patil, Additional G.P. for the appellant/
Digitally signed
by ATUL GANESH
KULKARNI           applicant/State.
Date: 2026.08.18
15:39:16 +0530
                   Mr. Hemant Ghadigaonkar for the respondent.



                                               CORAM      : AMIT BORKAR, J.

                                               DATED      : AUGUST 18, 2026
                   P.C.:
                   Interim Application No.5019 of 2026:

                   1.      The Claimants have filed present interim application seeking
                   a direction to accept challan annexed at Exhibit-C dated 27
                   January 2021 as valid discharge of payment of court fees.

                   2.      The reasons mentioned in the application are that after
                   payment of court fees by Challan dated 27 January 2021, due to
                   covid pandemic situation, the challan could not be annexed with



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                                                  17-fa832-2022 with IAs.doc


the first appeal. However, thereafter due to sudden death of the
Clerk, the challan was untraceable. It was only after the Claimants
got traced one of the Clerk’s friend, the challan was found.

3.    In my opinion, therefore, the reasons furnished constitute
sufficient cause for directing to treat challan annexed at Exhibit-C
as compliance of the obligation of the Claimant to pay court fees.

4.    Since the applicants are Claimants seeking enhancement of
compensation under the Land Acquisition Act, 1894, the Court has
to adopt liberal approach in the period to pay court fees.

5.    Therefore, the interim application is allowed in terms of
prayer clause (a).

6.    Office shall now accept cross objection filed on behalf of the
Claimants.

Interim Application No.5020 of 2026:

7.    The Claimants have filed present interim application seeking
withdrawal of 50% of the amount directed to be paid by the
Reference Court.

8.    It appears that the Reference Court enhanced the claim to
Rs.850/-, against which Claimants themselves have filed first
appeals. Therefore, considering the facts of the case, the applicants
are permitted to withdraw 50% of the amount without any
condition. However, balance 50% of the amount shall be permitted
to be withdrawn on furnishing security to the satisfaction of the
Reference Court.




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                                                17-fa832-2022 with IAs.doc


9.   The interim application stands disposed off accordingly.


                                           (AMIT BORKAR, J.)




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