TRIVENABAI RAMA SIRSAT (DIED) THR LRS RAMA DIED THR LRS MAHADEO AND ORSversusTHE STATE OF MAHARASHTRA, THROUGH COLLECTOR, OSMANABAD AND ORS

2026:BHC-AUG:46379



                                                                                51-sr956.odt


                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   BENCH AT AURANGABAD

                                956 CIVIL APPLICATION NO. 6089 OF 2021
                                           IN FAST/12292/2021

                        Maharashtra Krishna Valley Development Corporation Ltd.,
                     Through Ex. Engineer, Sina Kolegaon Medium Project Div. Paranda
                                                 VERSUS
                         Trivenabai Rama Sirsat (died) Thr Lrs Mahadeo And Ors

                                                  ...
            Advocate for Applicant/acquiring body : Mr. Shelke Avishkar
            AGP for Respondent no.2: Mr. B.V.Virdhe
            Advocate for Respondents 1B to 1E and 1-F-1 to 1-F-4: Mr.Madhav K. Jadhav
                                                                    h/f. Mr.Abhijit More
                                                  ...

                                                  WITH
                                  CIVIL APPLICATION NO. 6090 OF 2021
                                           IN FAST/12292/2021

                                                  WITH
                                  CIVIL APPLICATION NO. 3780 OF 2025
                                           IN FAST/12292/2021



                                         CORAM :      AJIT B. KADETHANKAR, J.
                                         DATE  :      SEPTEMBER 30, 2026

            ORDER :-

            In C.A. No.6089/2021 (for condonation of delay):-

                           This is an application for condonation of delay cased in

            filing the First Appeal challenging the judgment and award dated

            12.04.2019 passed by learned Joint Civil Judge Senior Division, Paranda

            in L.A.R. No.247 of 2014.        The delay is of 273 days.      The reasons

            explaining the delay are descriptively mentioned at paragraphs 2 to 10
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of the Civil Application.    It is submitted that the delay is not

deliberate nor caused out of any lethargy at the behest of the

applicant/authority. Due to administrative exigency and particularly

in order to receive the funds to file the First Appeal the delay is

caused. It is submitted that even the acquiring body has deposited

50% of the award amount as per the order of this court.              It is

submitted that there are strong grounds of merit in the First Appeal

and it needs to be heard on merit.



2.         Heard    Mr.Abhijit   More,   learned   advocate   for     the

respondents- claimants. He fairly prays to pass appropriate order.



3.         For the reasons stated in the Civil Application and           in

view of the principles laid down by Hon’ble Supreme Court in the

case Sheo Raj Singh (Deceased through LRs.) & Ors. V/s

Union of India and ors. [Civil Appeal No.5867 of 2015 dtd.09-

10-2023], I deem it appropriate to allow this application.



4.         Hence, the Civil Application is allowed. Delay caused in

filing the First Appeal is condoned. The appeal be registered.
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In First Appeal (St) No.12292 of 2021:-


5.          Issue notice to the respondents. Mr.Abhijit More, learned

advocate waives notice for respondent nos. 1B to 1E and 1-F-1 to 1-F-4/

claimants and learned AGP waives notice for respondent nos.2 and 3.



6.          Call Record and Proceedings.



In C.A. No.6090 of 2021 (for Stay) :-

7.          Pursuant to the order passed by this court the applicant has

deposited 50% of the award amount together with interest. As such, there

is compliance of the order passed by this court while granting stay. In view

thereof, the stay granted earlier is made absolute. The Application stands

allowed.



In C.A. No.3780 of 2025 (withdrawal of amount):-



8.          This is an application filed by the original claimants for

withdrawal of the amount deposited by the acquiring body/appellant in this

court. It is submitted that the applicants are land-losers whose sole source

of livelihood has been acquired under the compulsory acquisition.       It is

submitted that not only their entitlement but the quantum of entitlement is

disputed by the acquiring body in the First Appeal. Considering the merit

demonstrated by the acquiring body while securing stay, this court has
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directed the acquiring body to deposit 50% of the award amount. Thus,

the interest of the acquiring body is well protected by this court. In the

circumstances, it is desirable that the application be allowed.



9.            Mr.Shelke, learned advocate for the acquiring body would

formally oppose this application.



10.           Considering that the interest of the acquiring body is already

protected at least to the extent of 50% of award amount, I deem it

appropriate to allow this Civil Application. It cannot be ignored that the

applicants are the land-losers as is contended by learned advocate for the

applicants.



11.           Hence, the Civil Application is allowed. The amount deposited

by the acquiring body in this court is permitted to be withdrawn by the

applicants together with accrued interest, on furnishing usual undertaking

to the satisfaction of learned Registrar (Judicial).




                                      [AJIT B. KADETHANKAR, J.]
                                    ………..


KBP