The State of Maharashtra through the Deputy Collector Land Acquisition vs Sadanand Bandu Mhatre and Ors. — Bombay HC (2025) — LawSathi Research

The State of Maharashtra through the Deputy Collector Land Acquisition vs Sadanand Bandu Mhatre and Ors. — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Delay in filing the appeal condoned and Interim Application No. 6901 of 2025 allowed in terms of prayer clause (b); First Appeal (ST) No. 7656 of 2025 admitted, with direction to file a private paperbook within one year; Interim Application No. 6902 of 2025 (seeking stay of execution of the impugned order) disposed of, with respondents entitled to withdraw the amount subject to filing an undertaking as directed in the order dated 20 March 2025 in Writ Petition No. 18446 of 2024; parties at liberty to seek listing of the appeal with the group of appeals pending for the same village.

Issue for consideration

Whether the delay in filing the first appeal challenging the order granting enhancement of compensation in the land acquisition reference should be condoned. +1 more

Court's answer

Delay in filing the first appeal is condoned.

Ratio / Principle

Interim Application No. 6901 of 2025 is allowed in terms of prayer clause (b).

Key takeaways

First Appeal (ST) No. 7656 of 2025 is admitted; the learned advocate for the respondents waives notice and records and proceedings are called for.ratio¶28
The learned advocate for the appellant shall file a private paperbook within a period of one year.ratio¶32
No further orders are necessary in Interim Application No. 6902 of 2025; in view of the order dated 20 March 2025 in Writ Petition No. 18446 of 2024, the respondents are entitled to withdraw the amount subject to filing an undertaking as directed by that order.ratio

Detailed headnote1 paragraphs

Bombay High Court, Civil Appellate Jurisdiction (GAURI GODSE, J., 29 September 2025) — First Appeal (ST) No. 7656 of 2025, The State of Maharashtra through the Deputy Collector, Land Acquisition v. Sadanand Bandu Mhatre & Ors. (i) Delay in filing the first appeal challenging the order granting enhancement of compensation in a land acquisition reference is condoned and Interim Application No. 6901 of 2025 is allowed in terms of prayer clause (b). (ii) The appeal is admitted; respondents' advocate waives notice; records and proceedings called for; printing dispensed with; appellant's advocate to file a private paperbook within one year. (iii) Interim Application No. 6902 of 2025 seeking stay of execution of the impugned order is disposed of: in view of the order dated 20 March 2025 in Writ Petition No. 18446 of 2024, the respondents (claimants) may withdraw the amount subject to filing an undertaking as directed by that order. Parties at liberty to seek listing of the appeal along with the group of appeals pending in respect of the same village.

69-FA(ST)-7656-2025.doc

MJ Jadhav

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

FIRST APPEAL (ST) NO. 7656 OF 2025 WITH

INTERIM APPLICATION NO. 6901 OF 2025 WITH

INTERIM APPLICATION NO. 6902 OF 2025

IN

FIRST APPEAL (ST) NO. 7656 OF 2025

The State Of Maharashtra Through The … Appellant/Applicant Deputy Collector Land Acquisition Vs.

Sadanand Bandu Mhatre And Ors. … Respondents

Digitally signed byMANGALTAI MANGALTAI JAYWANT JAYWANT JADHAV JADHAV Date: 2025.10.01 20:41:41 +0530

Mr. D. J. Haldakar, AGP for the State- Appellant/Applicant.

Mr. Shriram Kulkarni for the Respondents.

CORAM : GAURI GODSE, J.

DATED : 29^th SEPTEMBER 2025

ORDER:

INTERIM APPLICATION NO. 6901 OF 2025

This application is filed for condonation of delay in filing an

appeal to challenge the order granting enhancement of compensation in land acquisition reference.

The respondents (claimants) are served and represented

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69-FA(ST)-7656-2025.doc

through advocate.

I have perused the reasons in the application.

For the reasons stated in the application, delay is condoned

and the application is allowed in terms of prayer clause (b).

FIRST APPEAL (ST) NO. 7656 OF 2025

Admit.

Learned advocate for the respondents waives notice.

Call for records and proceedings.

Printing is dispensed with.

Learned advocate for the appellant shall file private paperbook within a period of one year from today.

INTERIM APPLICATION NO. 6902 OF 2025

This application is seeking stay to the execution of the impugned order.

Learned counsel for the respondents has tendered order dated 20^th March 2025 passed in Writ Petition No. 18446 of 2024. He submits that by the said order, the respondents were permitted to withdraw the amount on furnishing an indemnity on an affidavit thereby undertaking to bring back the amount in the event it is held

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69-FA(ST)-7656-2025.doc

that the claimants are not entitled to the amount or subject to any orders passed in an appeal. Copy of the said order is taken on record.

Learned counsel for the respondents submits that pursuant to

the said order the claimants are in the process of submitting an undertaking for withdrawal of the amount.

Hence, no further orders would be necessary in this application.

In view of the order dated 20^th March 2025, the respondents would be entitled to withdraw the amount subject to filing an undertaking as directed by the said order.

Interim Application is disposed of.

The parties are at liberty to take steps to get the appeal listed alongwith the other group of appeals pending in respect of the same

village.

(GAURI GODSE, J.)

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