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Bombay High Court

SHANTILAL CHANDMAL LALWANI (DECEASED) THR. LRS. SMT. KALPANA RAJENDRA DAGAversusTHE STATE OF MAHARASHTRA (SPECIAL LAND ACQUISITION OFFICER) AND ANR.

Decided
Disposal
Allowed

Holding

The Court held that the delay in filing the first appeal is condoned and issued procedural directions for filing a paper book and making amendments.

Summary

The appellant, the estate of the deceased Shantilal Chandmal Lalwani represented by Kalpana Rajendra Daga, filed a first appeal (ST) against the State of Maharashtra (Special Land Acquisition Officer). The appellant sought relief through two interim applications (Nos. 7278 and 7279 of 2026). The Court allowed both interim applications, condoned the delay in filing the first appeal, and directed the appellant to file a paper book within one year. It also ordered that necessary amendments to the pleadings be made within four weeks. No substantive merits of the land‑acquisition dispute were decided; only procedural directions were issued.

Issues considered

  • Whether the delay in filing the first appeal can be condoned.
  • Whether the appellant should be directed to file a paper book and make amendments to the pleadings.

Subjects

  • land acquisition
  • appeal
  • condonation of delay
  • procedural order
  • paper book

Judgment

                                                                                  54-FA(ST)-20067-2023.doc


                          Vivekanand
                                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                           CIVIL APPELLATE JURISDICTION
             Digitally
             signed by
             VIVEKANAND
VIVEKANAND   RAJENDRA
RAJENDRA
BONDE
             BONDE
             Date:
                                         FIRST APPEAL (ST) NO. 20067 OF 2023
             2026.09.29
             18:27:36
             +0530
                                                        WITH
                                        INTERIM APPLICATION NO. 7278 OF 2026
                                                        WITH
                                        INTERIM APPLICATION NO. 7279 OF 2026

                          Shantilal Chandmal Lalwani
                          (Deceased) Thr. Lrs. Smt.
                          Kalpana Rajendra Daga                          … Appellant
                                      V/s.
                          The State of Maharashtra
                          (Special Land Acquisition
                          Officer) And Anr.                              … Respondents

                          Mr. Pramod N. Joshi, for the Appellant/Applicant.
                          Mr. A. R. Patil, Additional G. P., for the Respondent-
                          State.


                                                        CORAM      : AMIT BORKAR, J.

                                                        DATED      : SEPTEMBER 29, 2026
                          P.C.:

                          Interim Application No. 7278 Of 2026:-

                          1.      For the reasons stated in the application, the same is allowed
                          in terms of prayer clause (a).

                          2.      The delay in filing first appeal is condoned.

                          First Appeal (St.) No. 20067 of 2023:-

                          3.      Admit.

                          4.      Appellant to file paper book within one year from today.



                                                              1
                                                  54-FA(ST)-20067-2023.doc


Interim Application No. 7279 of 2026:-

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

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


                                            (AMIT BORKAR, J.)




                                 2


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