Bombay High Court

SAGUNA WAMAN GAIKAR SINCE DECEASED THR. LRS. 1.1 DATTA WAMAN GAIKAR AND ORS.versusSPECIAL LAND ACQUISITION OFFICER

Decided: 22 September 2026
Disposal: Allowed

Holding

The court condoned the delay, allowed the interim application, and ordered the paper book to be filed within one year.

Summary

The appellants, represented by Mr. Om Gandhi on behalf of the late Saguna Waman Gaikar and others, filed a first appeal against the Special Land Acquisition Officer. The appeal was filed after the prescribed period, prompting a request for condonation of delay. The court examined whether the delay could be condoned and whether the interim relief sought in prayer clause ‘b’ should be granted. Relying on procedural principles, the judge found sufficient cause to condone the delay and allowed the interim application. The court also directed that the paper book for the appeal be filed within one year of the order.

Issues considered

Whether the delay in filing the appeal can be condoned
Whether the interim application under prayer clause ‘b’ should be allowed
Whether the paper book must be filed within a specified time

Subjects

Land Acquisition
Appeal
Condonation of Delay
Interim Relief
Paper Book Filing

Judgment

                                                                                     66-FA(ST)-14342-2025.doc


                              Gayatri
                                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
           Digitally signed
                                                 CIVIL APPELLATE JURISDICTION
           by GAYATRI
GAYATRI  RAJENDRA
RAJENDRA SHIMPI
SHIMPI   Date:
         2026.09.22
           15:44:38 +0530                      FIRST APPEAL (ST) NO. 14342 OF 2025
                                                              WITH
                                              INTERIM APPLICATION NO. 6088 OF 2026

                              Saguna Waman Gaikar Since Deceased
                              Thr. Lrs. 1.1 Datta Waman Gaikar &
                              Ors.                                             … Appellants
                                          V/s.
                              Special Land Acquisition Officer                 … Respondent

                              Mr. Om Gandhi i/b Mr. Hemant Ghadigaonkar, for
                              Appellant.
                              Mr. A. R. Patil, Addl. GP for State.

                                                             CORAM      : AMIT BORKAR, J.

                                                             DATED      : SEPTEMBER 22, 2026
                              P.C.:
                                             INTERIM APPLICATION NO. 6088 OF 2026

                              1.        For the reasons stated in paragraph Nos. 4 & 5, delay in

                              filing Appeal is condoned.


                              2.        The application is allowed in terms of prayer clause ‘b’.


                                                 FIRST APPEAL (ST) NO. 14342 OF 2025


                              3.        Admit.


                              4.        Paper book is to be filed within period of one year.


                                                                               (AMIT BORKAR, J.)



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