Bombay High Court

THE EXECUTIVE ENGINEER, MINOR IRRIGATION DIVISION, PUNE AND ANR.versusSHRIPATI KHANDU DALVI(DEC.)THR.SUDAM SHRIPATI DALAVI(DEC.)THR.1.1)JITENDRA SUDAM DALAVI AND ORS.

Decided: 18 August 2026
Disposal: Disposed Off

Holding

The application for condonation of delay was rejected, and the First Appeal cannot be entertained.

Summary

The Executive Engineer, Minor Irrigation Division, Pune and Anr. filed a First Appeal against an award passed by the District Court under Section 18 of the Land Acquisition Act, alleging a six‑year delay in filing the appeal. The appellant sought condonation of the delay, arguing that the certified copy of the award was only received on 24 November 2020 and that procedural formalities caused further postponement. The Court held that the date of the award (04 October 2017) constituted knowledge of the judgment, and the appellant failed to provide a satisfactory explanation for the extensive gaps between 2017‑2020 and 2022‑2023. Consequently, the Court found no sufficient cause to condone the delay. The First Appeal was therefore deemed non‑viable, and the interim applications were dismissed as well.

Issues considered

Whether the six‑year delay in filing the First Appeal can be condoned under the provisions of the Land Acquisition Act and civil procedure rules.

Legislation cited

Land Acquisition Act — s. 18

Subjects

condonation of delay
Land Acquisition Act
Section 18
First Appeal
Civil Procedure
High Court of Bombay
Limitation period

Judgment

                                                                             94-FA(ST)-35633-2023.doc


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

                                       FIRST APPEAL (ST) NO. 35633 OF 2023
                      The Executive Engineer, Minor
                      Irrigation Division, Pune and Anr.            … Appellants
SAYALI                            V/s.
DEEPAK                Shripati Khandu Dalvi (Deceased)
UPASANI
                      ThroughSudam          Shripati     Dalavi
Digitally signed by
SAYALI DEEPAK         (Deceased) Thr. Jitendra Sudam Dalavi
UPASANI
Date: 2026.08.19      and Ors.                                      … Respondents
15:16:17 +0530

                                                     WITH
                                      INTERIM APPLICATION NO. 983 OF 2024
                                                     WITH
                                      INTERIM APPLICATION NO. 984 OF 2024

                      Mr. A. Urankar with Ramesh Dube Patil, with Ashish
                      Gabhale i/b Jay and Co. for Appellants.
                      Mr. A. R. Patil, Additional GP for State-Respondent.


                                                   CORAM       : AMIT BORKAR, J.

                                                   DATED       : AUGUST 18, 2026
                      P.C.:
                                      INTERIM APPLICATION NO. 983 OF 2024

                      1.       By this application, 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. 08 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 24th November, 2020, the matter was considered by the




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                                                     94-FA(ST)-35633-2023.doc


legal department. A decision was then taken to file an appeal.
According to the applicant, some additional time was required to
complete the necessary official and procedural formalities before
filing the First Appeal.

3.    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 17th October,
2023. 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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