Bombay High Court
GODAVARI MARATHWADA IRRIGATION DEVELOPMENT CORPORATION T/H EXECUTIVE ENGINEER, MID, JALNA AND ANO..versusBALU VITHOBA JAGDALE (DIED) THROUGH L.RS. LAXMI BALU JAGDALE AND OTHERS
- Disposal
- Admitted/Allowed/Granted/Rule Absolute
Holding
The Court condoned the filing delays and granted a conditional interim stay, requiring full deposit of the awarded compensation with interest within twelve weeks.
Summary
The High Court of Bombay (Aurangabad Bench) considered applications filed by the Godavari Marathwada Irrigation Development Corporation (the acquiring body) seeking condonation of delays in filing first appeals and a stay of several judgments and awards passed by the Reference Court in multiple L.A.R. matters. The corporation argued that new procedural rules for government undertakings caused the delays and that it was ready to deposit 75% of the awarded compensation, while the claimants opposed the stay. The Court, after evaluating the explanations, condoned the delays of 110 to 169 days and allowed the civil applications. It also granted an ad‑interim stay on the execution of the judgments and awards, conditioning it on the corporation depositing 100% of the compensation with accrued interest within twelve weeks. The stay is to remain in force pending the final hearing of the appeals. The order also waived service of notice for the parties.
Issues considered
- Whether the delay in filing the first appeals can be condoned under the applicable procedural rules.
- Whether an interim stay of the Reference Court's judgments and awards should be granted pending the appeals.
- What conditions, if any, should be imposed for the grant of such a stay.
Subjects
- condonation of delay
- stay of execution
- civil appeals
- compensation deposit
- interest
- government undertaking
- acquisition
Judgment
2026:BHC-AUG:42573
1 927 To 932A-10516-2026.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
927 CIVIL APPLICATION NO. 10516 OF 2026
IN FAST/28180/2026
Godavari Marathwada Irrigation Development Corporation T/h Executive
Engineer, Mid, Jalna And Ano..
VERSUS
Sukhdev Sandu Narwade And Others
WITH
CIVIL APPLICATION NO. 10517 OF 2026
IN FAST/28180/2026
Godavari Marathwada Irrigation Development Corporation T/h Executive
Engineer, Mid, Jalna And Ano..
VERSUS
Sukhdev Sandu Narwade And Others
AND
928 CIVIL APPLICATION NO. 10518 OF 2026
IN FAST/28169/2026
Godavari Marathwada Irrigation Development Corporation T/h Executive
Engineer, Mid, Jalna And Ano..
VERSUS
Balu Vithoba Jagdale (died) Through L.rs. Laxmi Balu Jagdale And
Others
WITH
CIVIL APPLICATION NO. 10519 OF 2026
IN FAST/28169/2026
Godavari Marathwada Irrigation Development Corporation T/h Executive
Engineer, Mid, Jalna And Ano..
VERSUS
Balu Vithoba Jagdale (died) Through L.rs. Laxmi Balu Jagdale And
Others
AND
929 CIVIL APPLICATION NO. 10521 OF 2026
IN FAST/28173/2026
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2 927 To 932A-10516-2026.odt
Godavari Marathwada Irrigation Development Corporation T/h Executive
Engineer, Mid, Jalna And Ano..
VERSUS
Ramrao Onkar Jagdale And Others
WITH
CIVIL APPLICATION NO. 10522 OF 2026
IN FAST/28173/2026
Godavari Marathwada Irrigation Development Corporation T/h Executive
Engineer, Mid, Jalna And Ano..
VERSUS
Ramrao Onkar Jagdale And Others
AND
930 CIVIL APPLICATION NO. 10523 OF 2026
IN FAST/28186/2026
Godavari Marathwada Irrigation Development Corporation T/h Executive
Engineer, Mid, Jalna And Ano..
VERSUS
Ankush Ganpat Ghadge And Others
WITH
CIVIL APPLICATION NO. 10524 OF 2026
IN FAST/28186/2026
Godavari Marathwada Irrigation Development Corporation T/h Executive
Engineer, Mid, Jalna And Ano..
VERSUS
Ankush Ganpat Ghadge And Others
AND
931 CIVIL APPLICATION NO. 10525 OF 2026
IN FAST/28183/2026
Godavari Marathwada Irrigation Development Corporation T/h Executive
Engineer, Mid, Jalna And Ano..
VERSUS
Sumanbai Ramrao Jagdale And Others
WITH
CIVIL APPLICATION NO. 10526 OF 2026
IN FAST/28183/2026
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3 927 To 932A-10516-2026.odt
Godavari Marathwada Irrigation Development Corporation T/h Executive
Engineer, Mid, Jalna And Ano..
VERSUS
Sumanbai Ramrao Jagdale And Others
AND
932 CIVIL APPLICATION NO. 10527 OF 2026
IN FAST/28176/2026
Godavari Marathwada Irrigation Development Corporation T/h Executive
Engineer, Mid, Jalna And Ano..
VERSUS
Savitribai Ganpat Ghadge (died) Through L.rs. Bhimrao Ganpat Ghadge
And Ors.
WITH
CIVIL APPLICATION NO. 10528 OF 2026
IN FAST/28176/2026
Godavari Marathwada Irrigation Development Corporation T/h Executive
Engineer, Mid, Jalna And Ano..
VERSUS
Savitribai Ganpat Ghadge (died) Through L.rs. Bhimrao Ganpat Ghadge
And Ors.
...
Mr.Tekale Nikhil Shripad for the Applicants.
Mr.Avinash Khande h/f Mr.Abhishek Hajare for the Respondents.
Ms.Deepali Jape, AGP for the Respondent/State.
….
CORAM : MANJUSHA DESHPANDE, J.
DATE : 10.09.2026
PER COURT :
APPLICATIONS FOR CONDONATION OF DELAY
1. There are delays of 110, 119, 122, 169, 150 and 122 days,
respectively, in filing the First Appeals. The Civil Applications have been
filed by the Appellants/Acquiring Body seeking condonation of the said
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delays. It is submitted that, due to the new rules and procedures required
to be followed by the Government Undertakings, the delay has occurred
in filing the Appeals. It is, therefore, submitted that the delays deserve to
be condoned.
2. In view of the explanation given by the Applicants in the
Applications, the delay in filing the First Appeals is condoned.
3. In view thereof, the Civil Applications are allowed and
accordingly disposed of.
APPLICATIONS FOR STAY
4. The learned Advocate for the Acquiring Body submits that
the Appellants have a strong case on merits and, therefore, the
Judgments and Awards passed by the Reference Court in L.A.R. Nos. 130
of 2018, 90 of 2017, 94 of 2017, 86 of 2017, 87 of 2017 and 103 of 2017
deserve to be stayed pending the Appeals filed by the Acquiring Body. He
submits that the Applicants/Appellants are ready to deposit 75% of the
awarded amount. The said request is opposed by the learned Advocate
appearing for the Claimants/Respondents.
5. He further submits that, in the companion matters arising
out of the same project, this Court while granting stay, has directed the
Acquiring Body to deposit the entire amount of compensation along with
accrued interest within a period of twelve weeks from the date of the
order.
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6. He, therefore, submits that a similar order may be passed
even in the present Applications. So far as the merits of the Appeals are
concerned, the same would be considered at the time of final hearing. In
the meantime, as a condition for grant of stay, the Appellant/Acquiring
Body shall deposit 100% of the awarded amount alongwith accrued
interest within a period of twelve weeks from the date of this order.
7. Issue notice to the Respondents, returnable on 8 th October,
2026. The learned Advocate, Mr.Hajare, waives service of notice on
behalf of respective claimants. The learned AGP waives service of notice
on behalf of the Respondent/State.
8. There shall be ad-interim stay in the execution and operation
of the impugned Judgment and Award, subject to deposit of entire
amount of compensation, along with accrued interest within a period of
twelve weeks.
[ MANJUSHA DESHPANDE, J. ]
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