Bombay High Court

THE EXECUTIVE ENGINEER, IRRIGATION PROJECT STRENGTHENING DIV. OMERGA, OSMANABAD AND OTHERSversusPRALAHAD NAGAPPA BANDPATTE DIED THR, LRS. VATSALABAI PRALHAD BANDPATTE AND OTHERS

Disposal: Admitted/Allowed/Granted/Rule Absolute
Bench: NEERAJ P DHOTE

Holding

The full deposit of the award amount by the acquiring body justifies granting a stay of the impugned judgment and award.

Summary

The Executive Engineer, Irrigation Project Strengthening Division, Omerga and others (the acquiring body) filed an application seeking a stay of the judgment and award dated 20 March 2018 passed by the 2nd Joint Civil Judge, Senior Division, Osmanabad in L.A.R. No. 201 of 2012. The award related to land acquisition matters. The acquiring body deposited the entire amount awarded in the High Court. Upon hearing both sides, the Court held that the deposit of the full award amount satisfied the conditions for granting the stay sought. Consequently, the application was allowed in accordance with Prayer Clause (B), effectively staying the impugned judgment and award. The order was delivered by Justice Neeraj P. Dhote on 27 July 2026.

Issues considered

What is the appropriate basis for granting a stay of a lower court's judgment and award in a land acquisition proceeding?
Does the full deposit of the award amount by the acquiring body justify the grant of a stay?

Subjects

stay of execution
land acquisition
award deposit
civil procedure
judgment review

Judgment

2026:BHC-AUG:31296
                                                                         23ca337-26

                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                BENCH AT AURANGABAD

                            CIVIL APPLICATION NO. 337 OF 2021
                                    IN FAST/20878/2020

             The Executive Engineer, Irrigation Project Strengthening Div. Omerga,
                                     Osmanabad And Others
                                            VERSUS
                 Pralahad Nagappa Bandpatte Died Thr, Lrs. Vatsalabai Pralhad
                                     Bandpatte And Others
                                               …
            Mr. Bhalerao Sudhir G., Advocate for Applicants
            Mrs. M. L. Sangit, AGP for the Respondents-State
            Mr. Laxmikant C. Patil, Advocate for Respondents-Claimants.

                                  CORAM : NEERAJ P. DHOTE, J.
                                     Dated : 27th July, 2026
            PER COURT :-

            1.       This is an Application by the Acquiring Body for stay to the

            impugned Judgment and Award dated 20.03.2018 passed by the

            learned 2nd Joint Civil Judge, Senior Division, Osmanabad in L. A. R.

            No. 201 of 2012.


            2.       Heard both sides.


            3.       The Acquiring Body has deposited the entire amount under

            the Award in this Court. Hence, the Application is allowed in terms of

            Prayer Clause (B).




                                                           ( NEERAJ P. DHOTE, J.)
 JPChavan




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