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Bombay High Court

THE EX. ENGINEER, M.I.W. (M.I.W.D.) JALGAON AND ANRversusSHANTABAI TRAMBAK JADHAV (DIED) THR LRS VISHWAS DIED THR LEGAL REPR. RAMABAI AND ORS.

Disposal
Admitted/Allowed/Granted/Rule Absolute

Holding

The Court partially allowed withdrawal of 50% of the deposited award amount with interest and fully allowed the condonation of delay, thereby registering the appeal.

Summary

The acquiring body, after a judgment awarding compensation for land acquired under compulsory acquisition, deposited 75% of the award amount as directed by the High Court. The original claimants filed a civil application seeking to withdraw the entire deposited amount, arguing that the award was justified and that they needed the funds for livelihood. The Court, noting that only 75% had been deposited and that part of the amount had already been withdrawn, allowed the application in part, permitting withdrawal of 50% of the deposited sum with accrued interest upon furnishing an undertaking. A separate civil application sought condonation of a 1,254‑day delay in filing the first appeal, citing administrative exigencies and relying on the precedent of Sheo Raj Singh v. Union of India. The Court condoned the delay, allowed the application, and ordered the appeal to be registered. Both applications were consequently disposed of, with the first partially allowed and the second fully allowed.

Issues considered

  • Whether the claimants are entitled to withdraw the entire amount deposited by the acquiring body as compensation for land acquisition.
  • Whether the Court may condone a delay of 1,254 days in filing the first appeal on grounds of administrative exigencies.

Subjects

  • Land acquisition
  • Compensation award
  • Withdrawal of deposited amount
  • Condonation of delay
  • Civil application
  • First appeal
  • Interest on deposit
  • High Court order

Judgment

2026:BHC-AUG:41262



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                                                                     931-ca-7010-2026

                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     BENCH AT AURANGABAD

                                   CIVIL APPLICATION NO. 7010 OF 2026
                                           IN FAST/30843/2021

                      Shantabai Trambak Jadhav (died) Thr Lrs Vishwas Died Thr
                                         Lrs Ramabai And Ors.
                                               VERSUS
                         The Ex. Engineer, M.i.w. (m.i.w.d.) Jalgaon And Anr.
                                                   ...
                     Mr. B. S. Chondhekar, Advocate for Applicants
                     Mr. S. N. Kendre, AGP for Respondent-State
                     Mr. A. D. Pawar, Advocate for Respondent no.1
                                                   ...
                                                 WITH
                                CIVIL APPLICATION NO. 1903 OF 2022
                                         IN FAST/30843/2021
                                                  …..
                                         CORAM : AJIT B. KADETHANKAR, J.
                                            DATED : 04TH SEPTEMBER, 2026

                     P.C. :-

                     CIVIL APPLICATION NO. 7010 OF 2026

                     .         Feeling aggrieved by the judgment and award dated

                     12.03.2018 passed by learned Reference Court, Jalgaon in

                     Land Acquisition Reference No.62 of 2008, the Acquiring Body

                     has filed the First Appeal.

                     2.        Pursuant to the order dated 17.02.2022 passed by this

                     Court, the Acquiring Body has deposited 75% of the award

                     amount. The said condition was imposed while staying the
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                                                931-ca-7010-2026

execution and operation of the impugned judgment and

award.

3.    Now, this application is moved by the original claimants

seeking withdrawal of the deposited amount.

4.    It is submitted that the claimants are the land losers and

their sole source of livelihood has been acquired under the

compulsory acquisition. The Reference Court has considered

the escalation on the basis of the evidence placed before the

Court. There is no exaggeration in the enhancement of the

award amount. In view of this, a prayer is made to allow the

applicants to withdraw the entire amount.

5.    It is a matter of record that, considering the merits of

the appeal, this Court has directed the Acquiring Body to

deposit only 75% of the award amount. In view of this, I find

no reason to allow the application in its entirety; however, the

application can be allowed subject to appropriate conditions.

6.    Mr. A. D. Pawar, learned Advocate for the Acquiring

Body, submits that, however, the entire 100% award amount

has been deposited by the acquiring body, out of which 36%

has already been withdrawn by the claimants from the

Reference Court.
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                                                 931-ca-7010-2026

7.    In view of this, I deem it appropriate to pass the

following order:

                            ORDER

      a.    Civil Application stands partly allowed.
      b.     The applicants are permitted to withdraw
      50% of the amount alongwith accrued interest
      deposited by the acquiring Body in this Court by
      furnishing usual undertaking to the satisfaction of
      the learned Registrar (Judicial) of this Court.
      c.    The application stands disposed of.

CIVIL APPLICATION NO. 1903 OF 2022

.     This application is filed seeking condonation of delay of

1254 days caused in filing the First Appeal.

2.    Mr. A. D. Pawar, learned Advocate would submit that

the grounds for condonation of delay are descriptively

mentioned in paragraph Nos. 2 to 7 of the application. It is

submitted that the delay is neither deliberate nor intentional.

However,    the    delay   has   been   caused    only   due   to

administrative exigencies which were beyond the control of

the Acquiring Body. He would place reliance on 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].
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                                                     931-ca-7010-2026

3.      There is another aspect of the matter. The amount, as

directed by this Court, has been deposited by the Acquiring

Body in this Court. A portion of the award amount has also

been allowed to be withdrawn by the claimants. In view of

this, I find that a case is made out to allow the application.

Hence, the following order:

                                ORDER

        a.       Civil Application stands allowed.
        b.     The delay of 1254 days caused in filing the
        First Appeal stands condoned.
        c.       Civil Application stands disposed of.
        d.       Appeal be registered.

FIRST APPEAL ST. NO.30843 OF 2021

.       Issue notice to the respondents. Mr. B. S. Chondhekar,

learned Advocate waives service of notice for all the

respondents.

2.      Call for record and proceedings.

3.      Stand over to 05.10.2026.



                                        ( AJIT B. KADETHANKAR, J. )

Rushikesh/2026


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