Bombay High Court
The Executive Engineer, Girna Kalva Nutanikaran Vibhag No. 2, Jalgaon and anotherversusManik Soma Patil (Died) T/h L.Rs. Raghunath and others
- Disposal
- Admitted/Allowed/Granted/Rule Absolute
Holding
Since the acquiring body complied with the Court’s compensation order, the stay application is disposed, but the stay remains in effect pending the appeal.
Summary
The Executive Engineer, Girna Kalva Nutanikaran Vibhag No. 2, Jalgaon (the acquiring body) sought a stay in a land acquisition matter involving the heirs of the deceased Manik Soma Patil. The High Court had earlier ordered the acquiring body to deposit full compensation with interest, which it complied with. The applicants then moved for a stay, but the Court noted that the compliance satisfied the earlier order. Consequently, the application for stay was disposed of, although the stay granted earlier will continue to operate during the pendency of the appeal. The judgment thus confirms compliance and terminates the stay application while preserving the stay pending the appeal.
Issues considered
- Whether the stay application should be disposed of after the acquiring body has deposited the full compensation with interest as ordered by the Court
- Whether the stay previously granted should continue to operate during the pendency of the appeal
Subjects
- land acquisition
- compensation
- stay of proceedings
- appeal
- High Court
Judgment
2026:BHC-AUG:42554
1 947-CA-13416-2025.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
947 CIVIL APPLICATION NO. 13416 OF 2025
IN FA/845/2026
The Executive Engineer, Girna Kalva Nutanikaran Vibhag No. 2, Jalgaon
And Another
VERSUS
Manik Soma Patil (died) T/h L.rs. Raghunath And Others
...
Mr.Vivek Vishnu Tarde for the Applicants.
Ms.Deepali Jape, AGP for the Respondent/State.
...
CORAM : MANJUSHA DESHPANDE, J.
DATE : 10.09.2026
PER COURT :
1. The learned Advocate for the Applicants/Acquiring Body
submits that, pursuant to the order passed by this Court on 9th
December, 2025, the Acquiring Body has deposited the entire amount of
compensation along with accrued interest, as directed by this Court.
2. In view of the compliance of the aforesaid order passed by
this Court, the Application seeking stay stands disposed of.
3. The stay granted by this Court shall continue to operate
during the pendency of the present Appeal.
[ MANJUSHA DESHPANDE, J. ]
Sunny Thote
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