State of Maharashtra through the Special Land Acquisition… — Land Acquisition | Bombay HC (2025)

State of Maharashtra through the Special Land Acquisition… — Land Acquisition | Bombay HC (2025)

What the court decided

AI extract

Outcome

Delay in filing the First Appeal condoned (Interim Application No. 12706 of 2024) and stay to execution of the Judgment and Award dated 25 November 2021 granted (Interim Application No. 12707 of 2024), both in terms of prayer clause (b); First Appeal admitted, with directions for private paper-book and transmission of R & P; merits of the appeal left open.

Issue for consideration

Whether the delay in filing the First Appeal against the Judgment and Award dated 25 November 2021 in Land Acquisition Reference No. 722 of 2019 should be condoned (Interim Application No. 12706 of 2024). +1 more

Court's answer

Interim Application No. 12706 of 2024 (condonation of delay in filing the First Appeal) stands allowed in terms of prayer clause (b); the respondents' counsel had expressly raised no objection.

Ratio / Principle

Interim Application No. 12707 of 2024 (stay to execution of the Judgment and Award dated 25 November 2021) stands allowed in terms of prayer clause (b), the entire award amount with accrued interest having been deposited before the Reference Court and partly withdrawn by the claimant.

Key takeaways

First Appeal ST. No. 6188 of 2023 admitted.ratio¶¶36
Appellants to file private paper-book within six months with copy served on the other side; soft copy of R & P to be sent by the trial Court to the High Court within 4 weeks; original R & P preserved by the trial Court till further orders.ratio¶¶39

Detailed headnote1 paragraphs

High Court of Bombay (Rajesh S. Patil, J.), 17 October 2025 — State of Maharashtra v. Yashwant Panga Koli & Anr., First Appeal ST. No. 6188 of 2023 with IAs Nos. 12706 and 12707 of 2024: (i) condonation of delay in filing the First Appeal challenging the Judgment and Award dated 25 November 2021 of the 3rd Joint Civil Judge (Senior Division), Alibag, in Land Acquisition Reference No. 722 of 2019 allowed in terms of prayer clause (b), the original claimants having raised no objection; (ii) stay to execution of the said Judgment and Award allowed in terms of prayer clause (b), the State having deposited the entire award amount with accrued interest before the Reference Court and part having been withdrawn by the claimant; (iii) appeal admitted, with the appellants directed to file a private paper-book within six months and the trial Court to send a soft copy of R & P within four weeks while preserving the originals. Acquisition arose from a notification dated 24 September 1986 under Section 4 of the Land Acquisition Act for land at Village Padeghar, Taluka Panvel, District Raigad. Merits of the appeal not decided.

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Digitally signed KANCHANVINOD by KANCHANVINODMAYEKAR MAYEKAR Date: 2025.10.18 14:58:07 +0530

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION

FIRST APPEAL ST. NO. 6188 OF 2023

WITH INTERIM APPLICATION NO. 12707 OF 2024 WITH INTERIM APPLICATION NO. 12706 OF 2024

IN

FIRST APPEAL ST. NO. 6188 OF 2023

STATE OF MAHARASHTRA

..APPELLANT/

APPLICANT

VS.

YASHWANT PANGA KOLI & ANR.

..RESPONDENTS

Mr. A. R. Patil, Addl. G.P. for the State/Applicant.

Ms. Deepa Punde i/b. Mr. S.S.Punde for the Respondents.

CORAM : RAJESH S. PATIL, J.

DATE : 17 OCTOBER, 2025

P.C. :-

INTERIM APPLICATION NO. 12706 OF 2024

This application is filed seeking condonation of delay in filing First Appeal.

Ms.Punde, learned advocate appearing for the original claimants on instructions submits that she has no objection if the said delay is condoned and the matter is heard on merits.

In view of the same, application stands allowed in terms

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of prayer clause (b).

FIRST APPEAL ST. NO. 6188 OF 2023

1. This First Appeal has been filed challenging the Judgment

and Award dated 25 November, 2021 passed by the 3^rd Joint Civil Judge, Senior Division, Alibag, District Raigad in Land Acquisition Reference No. 722 of 2019.

Acquisition of the land pertains to the notification dated 24 September, 1986 issued under Section 4 of the Land Acquisition

Act. The land pertains to Village Padeghar, Taluka Panvel, District Raigad.

1. Heard learned counsel for both the sides.

1. Admit.

1. The Appellants to file private paper-book within a period

of six months from today. A copy of the same to be served on other side.

Soft copy of R & P be sent by the trial Court to the High Court within 4 weeks from today. Original R & P should be preserved by the trial Court till further orders of this Court. Original R & P to be sent to the High Court when called for.

INTERIM APPLICATION NO. 12707 OF 2024

1. This application is filed seeking stay to the execution of

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the Judgment and Award dated 25 November, 2021 passed by the 3^rd Joint Civil Judge, Senior Division, Alibag, District Raigad in Land Acquisition Reference No. 722 of 2019.

It is submitted before me that the entire amount of award alongwith accrued interest has been deposited by the State before the Reference Court.

Certain sum out of the said amount has been withdrawn

by the original claimant.

In view of the same, the present interim application stands allowed in terms of prayer clause (b).

[RAJESH S. PATIL, J.]