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Bombay High Court

THE SUPERINTENDING ENGINEER, (JALGAON IRR. PROJ. CIRCLE) T.D.C. JALGAON AND ANRversusBHILA CHINDU PATIL (DIED) THR LRS DEVIDAS AND ORS

Disposal
Admitted/Allowed/Granted/Rule Absolute

Holding

The court granted a stay of the impugned judgment subject to the applicant depositing the full award amount within twelve weeks.

Summary

The Superintending Engineer, acting as the acquiring authority, sought a stay of a 2019 judgment and award of land acquisition passed by the 3rd Joint Civil Judge, Jalgaon. The claimants opposed the stay but the acquiring body argued urgency due to execution proceedings. The court, acknowledging the urgency, granted a stay of the impugned judgment, conditioning it on the applicant depositing the full award amount within twelve weeks. The court also disposed of the civil applications for stay and allowed the parties to waive service of notice in the related first appeals. No substantive merits of the land acquisition were decided, only procedural relief was provided.

Issues considered

  • Whether a stay of the 2019 land acquisition judgment and award should be granted pending appeal.
  • Whether the condition of depositing 100% of the award amount within twelve weeks is appropriate.
  • Whether service of notice can be waived in the first appeals.

Subjects

  • land acquisition
  • stay of judgment
  • urgency
  • civil application
  • execution proceedings
  • service of notice waiver

Judgment

2026:BHC-AUG:38261
                                                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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