Bombay High Court
THE SUPERINTENDING ENGINEER, (JALGAON IRRIGATION PROJECT CIRCLE, JALGAON) T.P.C. JALGAON AND ANRversusMANGALABAI DEVIDAS PATIL AND ORS
- Disposal
- Admitted/Allowed/Granted/Rule Absolute
Holding
The court granted a stay of the 2019 judgment and award, subject to the applicant depositing 100% of the award amount within twelve weeks.
Summary
The Superintending Engineer (Jalgaon Irrigation Project Circle) sought a stay of the judgment and award dated 27 March 2019 passed by the 3rd Joint Civil Judge in land acquisition matters (LAR No.76/2013 and LAR No.83/2013). The claimants, led by Mangalabai Devidas Patil, opposed the stay but the court was convinced of the urgency raised by the acquiring body. The court ordered a stay of the impugned judgment, conditioned on the acquiring body depositing the full award amount in the court registry within twelve weeks. The court also entertained procedural applications, allowing the waiver of service of notice by several respondents in the first appeals. Consequently, the civil applications for stay were disposed of with the stay granted, and the first appeals proceeded with waived service of notice.
Issues considered
- Whether the court should grant a stay of the 2019 land acquisition judgment and award on grounds of urgency.
- Whether the condition of depositing the full award amount is appropriate to secure the stay.
- Whether service of notice can be waived by the parties in the first appeals.
Subjects
- Land acquisition
- Stay of execution
- Urgency
- Civil application
- Service of notice waiver
- Irrigation project
Judgment
2026:BHC-AUG:38260
1 909-FA-2740-2025.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
909 FIRST APPEAL NO. 2740 OF 2025
The Superintending Engineer, (jalgaon Irrigation Project Circle, Jalgaon)
T.p.c. Jalgaon And Anr
VERSUS
Mangalabai Devidas Patil And Ors
WITH
FIRST APPEAL NO. 2741 OF 2025
The Superintending Engineer, (jalgaon Irr. Proj. Circle) T.d.c. Jalgaon And
Anr
VERSUS
Bhila Chindu Patil (died) Thr Lrs Devidas And Ors
WITH
CIVIL APPLICATION NO. 1971 OF 2021
IN FA/2740/2025
The Superintending Engineer, (jalgaon Irrigation Project Circle, Jalgaon)
T.p.c. Jalgaon And Anr
VERSUS
Mangalabai Devidas Patil And Ors
WITH
CIVIL APPLICATION NO. 1973 OF 2021
IN FA/2741/2025
The Superintending Engineer, (jalgaon Irr. Proj. Circle) T.d.c. Jalgaon And
Anr
VERSUS
Bhila Chindu Patil (died) Thr Lrs Devidas And Ors
Mr. S. S. Chillarge, Advocate for Applicants.
Ms. Preeti Diggikar, AGP for Respondent-state.
Mr. Deepak Rasve, h/f Mr. Balaji S. Chondhekar, Advocate for Respondent
no.1.
CORAM : MANJUSHA DESHPANDE, J.
DATE : 21.08.2026
Sunny Thote
2 909-FA-2740-2025.odt
PER COURT :
CIVIL APPLICATIONS FOR STAY
1. The Applicant/acquiring body is challenging the Judgment
and Award dated 27th March, 2019, passed by the 3 rd Joint Civil Judge
Senior Division, Jalgaon in Land Acquisition Reference No.76 of 2013
and LAR No. 83 of 2013. On issuing notice, the claimants has already
appeared through the learned Advocate, Mr.Rasve an already caused
appearance on his behalf.
2. The learned Advocate for the acquiring body submits that the
claimants have filed an application as there is an urgency in the matter.
3. In view of the urgency stated by the Applicant, considering
the execution proceedings filed by the claimant, there shall be stay to the
impugned Judgment and Award dated 27 th March, 2019 passed by
learned 3rd Joint Civil Judge Senior Division, Jalgaon in LAR No.83 of
2013 and LAR No.76 of 2013, subject to depositing 100% amount by the
Applicant/acquiring body in the Registry of this Court within a period of
Twelve (12) weeks from today.
4. The Advocate for the Respondent opposes the stay. However
considering the urgency, stay is granted.
5. Civil Applications stand disposed off.
Sunny Thote
3 909-FA-2740-2025.odt
FIRST APPEALS
6. Heard.
7. Admit.
8. The learned AGP waives service of notice on behalf of
Respondent Nos. 2 and 3 in First Appeal No.2740 of 2025 and
Respondent Nos. 9 and 10 in First Appeal No.2741 of 2025. The learned
Advocate, Mr. Rasve, waives service of notice on behalf of
Claimant/Respondent No.1.
[ MANJUSHA DESHPANDE, J. ]
Sunny Thote
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