Bombay High Court

The Executive Engineer, Minor Irrigation Local Sector, Latur and AnotherversusMohanrao Murharrao Ekdare (Died) Venubai Mohanrao Ekdare and Another

Disposal: Admitted/Allowed/Granted/Rule Absolute
Bench: SHAILESH P BRAHME

Holding

The Court condoned the delay in filing the appeals and granted an ad interim stay, subject to the depositing of 60% of the compensation with accrued interest.

Summary

The Executive Engineer (Medium Project Division, Latur) and the Executive Engineer (Minor Irrigation Local Sector, Latur) filed civil applications seeking condonation of delay—1165 days in one appeal and 213 days in another—and a stay on the operation of a judgment awarding compensation to the respondents. The respondents, represented by counsel, waived service and contested the claim, arguing that higher compensation rates had been affirmed in earlier judgments. The Court examined whether the delay was attributable to mala fides and considered the impact on the public exchequer, concluding that no mala fides was evident. Accordingly, the Court condoned the delay in both appeals. It also ordered an ad interim stay on the execution of the impugned judgment, subject to the acquiring body depositing 60% of the compensation amount with accrued interest within ten weeks, and directed the matter to be heard alongside related proceedings on 8 April 2026.

Issues considered

Whether the delay of 1165 days and 213 days in filing the appeals can be condoned.
Whether an ad interim stay should be granted on the execution of the compensation award.
Whether the acquiring body should be directed to deposit a portion of the compensation with interest.

Subjects

condonation of delay
stay of execution
compensation
public exchequer
civil appeal
interest on compensation
land acquisition

Judgment

                                             52 53 CA 2813 26 +.odt

        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   BENCH AT AURANGABAD

          52 CIVIL APPLICATION NO. 2813 OF 2026
                     IN FAST/5010/2026
                           WITH
           CIVIL APPLICATION NO. 2814 OF 2026
                     IN FAST/5010/2026

THE EXECUTIVE ENGINEER, MEDIUM PROJECT DIVISION, LATUR
                            VERSUS
        SUBHASH GURPADAPPA HARNALE AND ORS.
                               ...
      Advocate for Applicant : Mr. Mukul Shriram Kulkarni
       AGP for Respondent/State : Mr. S.N. Morampalle
    Advocate for Respondent/Claimant : Mr. S.J. Sonkawade
                               …
          53 CIVIL APPLICATION NO. 2847 OF 2026
                      IN FAST/7142/2026
                             WITH
            CIVIL APPLICATION NO. 2849 OF 2026
                       IN FAST/7138/2026
                             WITH
            CIVIL APPLICATION NO. 2850 OF 2026
                       IN FAST/7138/2026
                             WITH
            CIVIL APPLICATION NO. 2848 OF 2026
                       IN FAST/7142/2026
                             WITH
            CIVIL APPLICATION NO. 2845 OF 2026
                       IN FAST/7147/2026
                             WITH
            CIVIL APPLICATION NO. 2842 OF 2026
                       IN FAST/7151/2026
                             WITH
            CIVIL APPLICATION NO. 2846 OF 2026
                       IN FAST/7147/2026
                             WITH
            CIVIL APPLICATION NO. 2843 OF 2026
                      IN FAST/7151/2026

THE EXECUTIVE ENGINEER, MINOR IRRIGATION LOCAL SECTOR,
                 LATUR AND ANOTHER

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                                                           52 53 CA 2813 26 +.odt

                            VERSUS
 SHIVRAJAPPA GADAGEAPPA MANKARI (DIED) GODAVARI SHIVRAJ
                     MANKARI AND OTHERS
                                ...
       Advocate for Applicant : Mr. Suvarna Milind Zaware
     Advocate for Respondent/Claimants : Mr. S.J. Sonkawade
                                ...
                      CORAM                :   SHAILESH P. BRAHME, J.

                      DATE                 : 09.03.2026


PER COURT :

       Issue notice to the respondents. Learned A.G.P. waives service for the
respondent/State. Learned counsel Mr. Sonkawade waives service for
respondents/Claimants.

2.    The applicants seek to condone delay of 1165 days              (in Civil
Application No. 2813/2026) and 213 days (in CA No. 2847/2026) in
preferring appeals. There is no serious dispute as to the averments of the
applications.

3.    The condonation of delay has a bearing over the public exchequer. No
mala fides can be inferred on the part of the applicant.

4.    The delay stands condoned.

5.    It is submitted by the applicants that the enhancement is more than
40 times.

6.    The claim is contested by the counsel appearing for the claimants. It
is submitted that there are judgments passed by the Reference Court as well
as High Court in similarly situated matters, in which the rate more than the
rate granted by the reference Court has already been confirmed.

7.    Considering the rival submissions of the parties ends of justice would


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                                                          52 53 CA 2813 26 +.odt

be met in directing the Acquiring Body to deposit 60% of the amount of
compensation with accrued interest.

8.      There shall be ad interim stay to the operation and execution of the
impugned judgment and award on condition that the applicant-Acquiring
body shall deposit 60% of the amount of compensation with accrued interest
within a period of 10 weeks from today.

9.      Present matter shall be heard along with matter at Sr. No. 90 (FA
2688/2025 and connected matters) on 08.04.2026



                                      ( SHAILESH P. BRAHME, J.)




mkd/-




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