THE EXECUTIVE ENGINEER K.K.V.M. THR MID, OSMANABAD AND OTHERSversusFULCHAND SOMNATH GIRI AND ANR

2026:BHC-AUG:41378



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                                                                     941-ca-10138-2026

                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      BENCH AT AURANGABAD

                                   CIVIL APPLICATION NO. 10138 OF 2026
                                            IN FAST/17279/2023

                                         Fulchand Somnath Giri
                                                 VERSUS
                                         The Exevutive Engineer
                                                    ...
                     Mr. A. T. Jagtap, Advocate for Applicant
                     Mr. B. V. Virdhe, AGP for Respondents-State
                     Mr. R. C. Patil, Advocate for Respondent no.1
                                                    ...
                                                   WITH
                         CIVIL APPLICATION NO. 10939 OF 2023 IN FAST/17279/2023
                                                  WITH
                         CIVIL APPLICATION NO. 10940 OF 2023 IN FAST/17279/2023
                                                    ...
                                             CORAM : AJIT B. KADETHANKAR, J.
                                             DATED : 04TH SEPTEMBER, 2026

                     P.C. :-

                     CIVIL APPLICATION NO. 10138 OF 2026

                     .         Heard Mr. A. T. Jagtap, learned Advocate for the

                     applicant/claimant and Mr. R. C. Patil, learned Advocate for

                     the Acquiring Body.

                     2.        It is not in dispute that the source of earning of the

                     applicant has been acquired by the Acquiring Body under

                     compulsory acquisition. Feeling aggrieved by the inadequate

                     compensation awarded by the Land Acquisition Officer, the

                     applicant approached the Reference Court under Section 18 of
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                                              941-ca-10138-2026

the   Land   Acquisition    Act    seeking   enhancement     of

compensation. Upon appreciation of the evidence on record,

the Reference Court enhanced the amount of compensation.

3.    Feeling aggrieved by the said enhancement, the

Acquiring Body has preferred the present First Appeal. In the

appeal, pursuant to the orders passed by this Court, the

Acquiring Body has deposited the entire amount payable

under the award before this Court.

4.    By way of the present application, the claimant seeks

permission to withdraw the amount so deposited by the

Acquiring Body.

5.    Heard both the learned Advocates for the respective

parties. It is not in dispute that the land of the claimant has

been acquired by the Acquiring Body and compensation has

been determined. The claimant is therefore entitled to receive

the enhanced compensation. However, considering the

grounds raised by the Acquiring Body in the First Appeal, it is

also necessary to safeguard its interest while permitting

withdrawal of the deposited amount. In view of above, I pass

following order:
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                                                941-ca-10138-2026

                           ORDER


      a.    Civil Application stands allowed.

      b.    The applicant is permitted to withdraw the
      amount deposited by the Acquiring Body in this
      Court, together with the interest accrued thereon.

      c. The applicant is permitted to withdraw 75% of
      the deposited amount upon furnishing the usual
      undertaking to the satisfaction of the learned
      Registrar (Judicial) of this Court.

      d. The applicant is further permitted to withdraw
      the remaining 25% of the deposited amount upon
      furnishing solvent security to the satisfaction of
      the learned Registrar (Judicial) of this Court.

      e.    In view of above, Civil Application stands
      disposed of.
CIVIL APPLICATION NO. 10939 OF 2023

.     Taking exception to the judgment and award passed by

the Reference Court, the Acquiring Body has preferred this

First Appeal. Pursuant to the order passed by this Court, even

the Acquiring Body has deposited entire payable award

amount in this Court with accrued interest. Vide a separate

order, this Court today permitted the claimant to withdraw

the entire amount deposited by the Acquiring Body. The

reasons for causing delay in the appeal are well described in

the Civil Application.
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                                                941-ca-10138-2026

2.      Mr. R. C. Patil, learned Advocate for the Acquiring Body

submits that the application is covered by the law laid down

by the Hon’ble Supreme Court in the case of Sheo Raj Singh

(Deceased through LRs.) & Ors. V/s Union of India and ors.

[Civil Appeal No.5867 of 2015 dtd.09-10-2023].

3.      In view of this, I find that the Acquiring Body has made

out case for condonation of delay. Hence, Civil Application

stands disposed of. Delay of 1097 days caused in filing the

First Appeal stands condoned. First Appeal be registered.

FIRST APPEAL ST. NO.17279 OF 2023
.       Issue notice to the respondent. Mr. A. T. Jagtap learned

Advocate waives service of notice for respondent-Sole.

2.      Call Record and Proceedings.

3.      Stand over to 16.10.2026.

CIVIL APPLICATION NO. 10940 OF 2023
.       In view of the fact that the Acquiring Body has complied

the condition imposed by this Court and has deposited the

entire award amount, the Civil Application stands allowed and

disposed of. The stay granted earlier is made absolute.



                                    ( AJIT B. KADETHANKAR, J. )

Rushikesh/2026