Bombay High Court

GODAVARI MARATHWADA IRRIGATION DEVELOPMENT CORPORATION T/H EXECUTIVE ENGINEER, MID, JALNA AND ANO..versusRAMRAO ONKAR JAGDALE AND OTHERS

Disposal: Admitted/Allowed/Granted/Rule Absolute

Holding

The Court condoned the delay in filing the appeals and granted an interim stay of the judgments and awards, subject to the Acquiring Body depositing the full compensation amount with interest within twelve weeks.

Summary

The Godavari Marathwada Irrigation Development Corporation (the Acquiring Body) filed multiple civil applications seeking condonation of delay in filing first appeals, alleging procedural changes for government undertakings caused the delays. The Court examined the explanations and found them satisfactory, thereby condoning delays of 110 to 169 days. The applicants also requested an interim stay of several judgments and awards passed by the Reference Court in various L.A.R. matters, offering to deposit 75% of the awarded amounts. The Court, noting precedent that required full deposit of compensation and interest, conditioned the stay on the Acquiring Body depositing 100% of the awarded amounts within twelve weeks. Consequently, the Court allowed the applications, granted the stay subject to the deposit condition, and ordered notice to be issued to the respondents.

Issues considered

Whether the delay in filing the first appeals can be condoned.
Whether an interim stay of the judgments and awards should be granted pending the appeals.

Subjects

condonation of delay
stay of execution
compensation
government undertaking
civil appeals
interim relief

Judgment

2026:BHC-AUG:42575
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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