Bombay High Court
GODAVARI MARATHWADA IRRIGATION DEVELOPMENT CORPORATION T/H EXECUTIVE ENGINEER, MID, JALNA AND ANO..versusANKUSH GANPAT GHADGE AND OTHERS
- Disposal
- Admitted/Allowed/Granted/Rule Absolute
Holding
The court condoned the delay and granted an interim stay of the judgments and awards, subject to the acquiring body depositing the entire compensation amount with interest within twelve weeks.
Summary
The Aurangabad Bench of the High Court of Bombay heard a series of civil applications filed by Godavari Marathwada Irrigation Development Corporation (the acquiring body) seeking condonation of delay in filing first appeals and a stay of judgments and awards passed by the Reference Court in several L.A.R. matters. The applicants contended that new procedural rules for government undertakings caused delays of 110 to 169 days. The court, after accepting the explanation, condoned the delays and allowed the applications. It also granted an ad‑interim stay of execution of the awards, conditioning the stay on the acquiring body depositing the full compensation amount with accrued interest within twelve weeks. Notice was issued and waived, and the merits of the appeals will be determined at a later hearing.
Issues considered
- Whether the delay in filing the first appeals can be condoned under the Civil Procedure Code.
- Whether an interim stay of the judgments and awards should be granted pending the appeal.
- What conditions, if any, should be imposed for granting such a stay.
Subjects
- condonation of delay
- stay of execution
- civil appeals
- government undertaking
- compensation
- CPC
- interim injunction
Judgment
2026:BHC-AUG:42577
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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