THE EXECUTIVE ENGINEER MEDIUM PROJECT DIVISION OSMANABAD AND ORSversusPRABHU NANA INGALE

2026:BHC-AUG:44205



                                                                                34-CA.4919.2023


                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                BENCH AT AURANGABAD

                              CIVIL APPLICATION NO. 4919 OF 2023
                                       IN FAST/11706/2023



                     The Executive Engineer, Medium Project Division, Osmanabad
                                                 vs.
                                         Prabhu Nana Ingale


                                              ----
            Mr.S.P.Sonpawale, Advocate for applicant
            Mr.P.B.Rakhunde, Advocate for respondent
                                              ----
                                             AND
                              CIVIL APPLICATION NO. 10958 OF 2026
                                       IN FAST/11706/2023

                                              AND
                              CIVIL APPLICATION NO.11206 OF 2026
                                               IN
                              FIRST APPEAL [ST] NO.11706 OF 2023

                         Prabhu Nana Ingale Died Thr Lrs Anjana Prabhu Ingale
                                               VERSUS
                          The State Of Maharashtra Thr Collector Osmanabad
                                                 ….

                                       CORAM :        AJIT B. KADETHANKAR, J.
                                       DATE  :        SEPTEMBER 24, 2026
            ORDER :-
            In C.A. No.4919 of 2023

                       At the outset, learned advocate for the applicant submits

            that during pendency of this proceedings, the sole claimant – Prabhu is

            learnt to be no more.      He has list of the legal representatives of

            deceased Prabhu. He seeks amendment in the title clause.
                                      2                           34-CA.4919



2.            Leave to amend the title clause is granted. Amendment

be carried out forthwith.


3.            This Civil Application is filed for condonation of delay

caused in filing the First Appeal. There is delay of 2613 days. The

reasons are descriptively rendered in the application. It is submitted

that the delay has arisen on account of administrative exigency.

There is no lethargy or deliberate attempt to cause delay. It is

submitted that the applicant/appellant has good grounds on merit to

challenge the impugned judgment and award. Reliance is placed on

the judgment and order passed by Hon’ble Court in the case of Sheo

Raj Singh (Deceased through LRs.) & Ors. V/s Union of India

and ors. [Civil Appeal No.5867 of 2015 dtd.09-10-2023]. It is

submitted that the acquiring body has deposited the entire award

amount in this court with accrued interest to show bona fide.


4.            Learned advocate for the respondent/claimant would

fairly agrees for condonation of delay.


5.            In view of the above, the Civil Application stands allowed.

Delay caused in filing the First Appeal stands condoned. Appeal be

registered.
                                          3                             34-CA.4919



C.A. No.4920 of 2024 (for stay):-

6.              At the outset, learned advocate for the applicants

submits that during pendency of this proceedings, the sole claimant

– Prabhu is learnt to be no more. He has list of the legal

representatives of deceased Prabhu.            He seeks amendment in the

title clause.

7.              Leave to amend the title clause is granted. Amendment

be carried out forthwith.


8.              Mr.Sonpavale,   learned       advocate   for   the   applicants

submits that pursuant to the order of this court, the entire amount

under the impugned award is deposited with this court with together

with accrued interest.


9.              In view of the above, the stay granted earlier is made

absolute. The application stands allowed.


C.A. NO.10958 OF 2026 (for withdrawal of amount):-


10.             This application is filed by the legal representatives of

original sole claimant – Prabhu Nana Ingle for withdrawal of the

amount deposited by the acquiring body in this court.
                                       4                            34-CA.4919



11.          It is not in dispute that the sole source of livelihood of the

applicants    has   been   acquired   by   the   acquiring   body    under

compulsory acquisition. After assessing the evidence, the reference

court has determined the amount of compensation. Although there

is challenge to the findings rendered by the reference court, the

applicants are certainly entitled for some portion of the award

amount deposited by the acquiring body in this court.


12.          Hence, the application is partly allowed. The applicants

are permitted to withdraw 50% of the deposited amount, on

furnishing an undertaking to the satisfaction of learned Registrar

(Judicial) of this Court. The applicants are also permitted to withdraw

further 25% of the amount deposited by the acquring body on

furnishing solvent security to the satisfaction of learned Registrar

(Judicial). Balance amount be kept in fixed deposit in nationalised

bank.


C.A. No.11206 of 2026 (for bringing L.Rs.) :-

13.          This application is filed for amendment in the title clause

of the First Appeal by incorporating the names of the applicant nos.

1-A and 1-B as legal representatives of sole respondent in the First

Appeal.
                                   5                          34-CA.4919



14.        For the reasons stated in the application, the same is

allowed.   Delay stands condoned. Abatement, if any, stands set

aside. The applicant/appellant to amend the title clause of the First

Appeal and the applications therein within two weeks from today

online. Suffice it to note, the names of the legal representatives in

have been furnished in hard copies in the court itself. The same is

taken on record.



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


KBP