Bombay High Court

Udhav Pandurang EkambeversusThe Executive Engineer

Disposal: Admitted/Allowed/Granted/Rule Absolute
Bench: SIDDHESHWAR SUNDARRAO THOMBRE

Holding

The Court permitted the applicants to withdraw the entire deposited amount with interest upon furnishing an undertaking to redeposit if the acquiring body succeeds, and stayed the impugned orders subject to the applicants depositing the remaining 50 % of the award within ten weeks.

Summary

The Bombay High Court, Aurangabad Bench, entertained a series of civil applications seeking condonation of delay in filing first appeals and permission to withdraw compensation amounts deposited by the acquiring body in land‑acquisition matters. The applicants contended that the delay was caused by the time needed to obtain certified copies, approvals and to pay court fees, and they requested withdrawal of the entire deposited sum with interest. Relying on several earlier orders that allowed partial withdrawals in analogous land‑acquisition proceedings, the Court allowed the applicants to withdraw the whole amount provided they furnish an undertaking to redeposit if the acquiring body succeeds on appeal. The Court also stayed the operation of the impugned orders, conditioning the stay on the applicants depositing the remaining 50 % of the award within ten weeks. Consequently, the applications were disposed of and the stay was granted subject to the stipulated condition. The order was corrected on 11‑06‑2026.

Issues considered

Whether delay in filing first appeals can be condoned on the grounds pleaded by the applicants
Whether the applicants are entitled to withdraw the entire amount deposited by the acquiring body, together with interest
Whether a stay of the impugned orders in the first appeals should be granted and on what conditions

Subjects

condonation of delay
withdrawal of compensation
land acquisition
stay of order
civil application
first appeal
interest
undertaking

Judgment

2026:BHC-AUG:23053
Dilwale 1 127-CA-5033-26 corr.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD

127 CIVIL APPLICATION NO. 5033 OF 2026
IN
FIRST APPEAL (ST) NO.29954 OF 2023

Dinesh Janardhan Bembade
VERSUS
The Executive Engineer Minor Irrigation Division Latur

WITH
CIVIL APPLICATION NO. 13495 OF 2023
IN
FIRST APPEAL (ST) NO.31899 OF 2023

The Exe. Engineer, Minor Irrigation Div., Latur Thr G.m.i.d.c. Aurangabad
And Ors
VERSUS
Bhagirthibai Gunderao Chewle
WITH
CIVIL APPLICATION NO. 5027 OF 2026
IN
FIRST APPEAL (ST) NO.31906 OF 2023

Udhav Pandurang Ekambe
VERSUS
The Executive Engineer

WITH
CIVIL APPLICATION NO. 13490 OF 2023
IN
FIRST APPEAL (ST) NO.31912 OF 2023

The Executive Engineer Minor Irrigation Division Latur Through
G.m.i.d.c. Aurangabad And Ors
VERSUS
Nivratti Gnyanaba Chewale Through Lrs

WITH
CIVIL APPLICATION NO. 13492 OF 2023
IN
FIRST APPEAL (ST) NO.31906 OF 2023

This order is corrected pursuant to the order dated 11.06.2026.
Dilwale 2 127-CA-5033-26 corr.odt

The Executive Engineer Minor Irrigation Division Latur Through
G.m.i.d.c. Aurangabad And Ors
VERSUS
Uddhav Pandurang Ekambe
WITH
CIVIL APPLICATION NO. 5023 OF 2026
IN
FIRST APPEAL (ST) NO.31903 OF 2023

Shivabai Premgir Giri Puri
VERSUS
The Executive Engineer
WITH
CIVIL APPLICATION NO. 5024 OF 2026
IN
FIRST APPEAL (ST) NO.31899 OF 2023

Bhagirathibai Gunderao Chewale
VERSUS
The Executive Engineer

WITH
CIVIL APPLICATION NO. 13491 OF 2023
IN
FIRST APPEAL (ST) NO.31906 OF 2023

The Executive Engineer Minor Irrigation Division Latur Through
G.m.i.d.c. Aurangabad And Ors
VERSUS
Uddhav Pandurang Ekambe

WITH
CIVIL APPLICATION NO. 13481 OF 2023
IN
FIRST APPEAL (ST) NO.29954 OF 2023

The Exe. Engineer, Minor Irrigation Div., Latur Thr G.m.i.d.c. Aurangabad
And Ors
VERSUS
Dinesh Janardhan Bembde
...

WITH
CIVIL APPLICATION NO. 13488 OF 2023
IN
This order is corrected pursuant to the order dated 11.06.2026.
Dilwale 3 127-CA-5033-26 corr.odt

FIRST APPEAL (ST) NO.31909 OF 2023

The Executive Engineer Minor Irrigation Division Latur Through
G.m.i.d.c. Aurangabad And Ors
VERSUS
Dagdu Hanmant Chewle

WITH
CIVIL APPLICATION NO. 13489 OF 2023
IN
FIRST APPEAL (ST) NO.31912 OF 2023

The Executive Engineer Minor Irrigation Division Latur Through
G.m.i.d.c. Aurangabad And Ors
VERSUS
Nivratti Gnyanaba Chewale Through Lrs

WITH
CIVIL APPLICATION NO. 13483 OF 2023
IN
FIRST APPEAL (ST) NO.31916 OF 2023

The Exe. Engineer, Minor Irrigation Div., Latur Thr G.m.i.d.c. Aurangabad
And Ors
VERSUS
Vishwanath Pandhari Chewale
WITH
CIVIL APPLICATION NO. 5022 OF 2026
IN
FIRST APPEAL (ST) NO.31916 OF 2023

Vishwanath Pandhari Chewale
VERSUS
The Executive Engineer

WITH
CIVIL APPLICATION NO. 13494 OF 2023
IN
FIRST APPEAL (ST) NO.29959 OF 2023

The Exe. Engineer, Minor Irrigation Div., Latur Thr G.m.i.d.c. Aurangabad
And Ors
VERSUS
Trivenibai Tatyarao Somwanshi
WITH
This order is corrected pursuant to the order dated 11.06.2026.
Dilwale 4 127-CA-5033-26 corr.odt

CIVIL APPLICATION NO. 13485 OF 2023
IN
FIRST APPEAL (ST) NO.31903 OF 2023

The Executive Engineer Minor Irrigation Division Latur Through
G.m.i.d.c. Aurangabad And Ors
VERSUS
Shivabai Premgir Giri (puri)
WITH
CIVIL APPLICATION NO. 13498 OF 2023
IN
FIRST APPEAL (ST) NO.31895 OF 2023

The Exe. Engineer, Minor Irrigation Div., Latur Thr G.m.i.d.c. Aurangabad
And Ors
VERSUS
Rashika Pandharinath Mandade
WITH
CIVIL APPLICATION NO. 5025 OF 2026
IN
FIRST APPEAL (ST) NO.31895 OF 2023

Rashika Nath Pandharinath Mandade
VERSUS
The Executive Engineer

WITH
CIVIL APPLICATION NO. 13493 OF 2023
IN
FIRST APPEAL (ST) NO.29959 OF 2023

The Exe. Engineer, Minor Irrigation Div., Latur Thr G.m.i.d.c. Aurangabad
And Ors
VERSUS
Trivenibai Tatyarao Somwanshi

WITH
CIVIL APPLICATION NO. 13487 OF 2023
IN
FIRST APPEAL (ST) NO.31909 OF 2023

The Executive Engineer Minor Irrigation Division Latur Through
G.m.i.d.c. Aurangabad And Ors
VERSUS
Dagdu Hanmant Chewle
This order is corrected pursuant to the order dated 11.06.2026.
Dilwale 5 127-CA-5033-26 corr.odt

WITH
CIVIL APPLICATION NO. 5026 OF 2026
IN
FIRST APPEAL (ST) NO.31909 OF 2023

Dagadu Hanmant Chewale
VERSUS
The Executive Engineer

WITH
CIVIL APPLICATION NO. 5021 OF 2026
IN
FIRST APPEAL (ST) NO.31912 OF 2023

Nivratti Gnyanaba Chewale Died Sheshabai Nivratti Chewale
VERSUS
The Executive Engineer

WITH
CIVIL APPLICATION NO. 13497 OF 2023
IN
FIRST APPEAL (ST) NO.31895 OF 2023

The Exe. Engineer, Minor Irrigation Div., Latur Thr G.m.i.d.c. Aurangabad
And Ors
VERSUS
Rashika Pandharinath Mandade

WITH
CIVIL APPLICATION NO. 13482 OF 2023
IN
FIRST APPEAL (ST) NO.29954 OF 2023

The Exe. Engineer, Minor Irrigation Div., Latur Thr G.m.i.d.c. Aurangabad
And Ors
VERSUS
Dinesh Janardhan Bembde

WITH
CIVIL APPLICATION NO. 13484 OF 2023
IN
FIRST APPEAL (ST) NO.31916 OF 2023

The Exe. Engineer, Minor Irrigation Div., Latur Thr G.m.i.d.c. Aurangabad
And Ors
This order is corrected pursuant to the order dated 11.06.2026.
Dilwale 6 127-CA-5033-26 corr.odt

VERSUS
Vishwanath Pandhari Chewale

WITH
CIVIL APPLICATION NO. 13486 OF 2023
IN
FIRST APPEAL (ST) NO.31903 OF 2023

The Executive Engineer Minor Irrigation Division Latur Through
G.m.i.d.c. Aurangabad And Ors
VERSUS
Shivabai Premgir Giri (puri)

WITH
CIVIL APPLICATION NO. 13496 OF 2023
IN
FIRST APPEAL (ST) NO.31899 OF 2023

The Exe. Engineer, Minor Irrigation Div., Latur Thr G.m.i.d.c. Aurangabad
And Ors
VERSUS
Bhagirthibai Gunderao Chewle
….
WITH
CIVIL APPLICATION NO. 13473 OF 2023
CIVIL APPLICATION NO. 13474 OF 2023
IN
FIRST APPEAL (ST) NO.33129 OF 2023
(Not on board. Taken on board.)

The Executive Engineer Minor Irrigation Division Latur
VERSUS
Shahaji Tatyarao Somwanshi

WITH
CIVIL APPLICATION NO. 13475 OF 2023
CIVIL APPLICATION NO. 13476 OF 2023
IN
FIRST APPEAL (ST) NO.33125 OF 2023
(Not on board. Taken on board.)

The Executive Engineer Minor Irrigation Division Latur
VERSUS
Yadav Tatyarao Somwanshi
…
This order is corrected pursuant to the order dated 11.06.2026.
Dilwale 7 127-CA-5033-26 corr.odt

WITH
CIVIL APPLICATION NO. 5073 OF 2026
CIVIL APPLICATION NO. 13469 OF 2023
CIVIL APPLICATION NO. 13470OF 2023
IN
FIRST APPEAL (ST) NO.32970 OF 2023
(Not on board. Taken on board.)

The Executive Engineer Minor Irrigation Division Latur
VERSUS
Pandhari Gyanoba Chewale
…
WITH
CIVIL APPLICATION NO. 5072 OF 2026
CIVIL APPLICATION NO. 13471 OF 2023
CIVIL APPLICATION NO. 13472 OF 2023
IN
FIRST APPEAL (ST) NO.33133 OF 2023
(Not on board. Taken on board.)

The Executive Engineer Minor Irrigation Division Latur
VERSUS
Trambak Govind Chewale

…
WITH
CIVIL APPLICATION NO. 5071 OF 2026
CIVIL APPLICATION NO. 13477 OF 2023
CIVIL APPLICATION NO. 13478 OF 2023
IN
FIRST APPEAL (ST) NO.33122 OF 2023
(Not on board. Taken on board.)

The Executive Engineer Minor Irrigation Division Latur
VERSUS
Dnyanoba Nivrati Mandade

…
WITH
CIVIL APPLICATION NO. 5070 OF 2026
CIVIL APPLICATION NO. 13467 OF 2023
CIVIL APPLICATION NO. 13468 OF 2023
IN
FIRST APPEAL (ST) NO.32965OF 2023
(Not on board. Taken on board.)
This order is corrected pursuant to the order dated 11.06.2026.
Dilwale 8 127-CA-5033-26 corr.odt

The Executive Engineer Minor Irrigation Division Latur
VERSUS
Adinath Pandhari Chewale
...
Advocate for Applicant : Mr. Sachin Panale
Advocate for Respondent : Mr. A. N. Gaddime
...
CORAM : SIDDHESHWAR S. THOMBRE, J.
DATE : 28.04.2026

PER COURT :
Civil Applications For Condonation of Delay in filing First Appeals

1. The present applications are filed for condonation of delay in filing

respective First Appeals. Learned counsel for the applicant submit that

the delay was caused due to the time consumed in obtaining certified

copies, seeking approval from the office and for arranging Court fee.

Considering the averments made in the applications, the same are

allowed in terms of prayer clause (B).

Civil Applications for withdrawal of amount:

2. In compliance of the order passed by this court while

granting stay, the acquiring body has deposited the award amount in this

court with interest accrued thereon. In view of this, the applicants, who

have lost their properties in the compulsory acquisition, has filed present

applications in the respective appeals, seeking permission to withdraw

the deposited amount. The details as regards the names of the applicants

– claimants in the respective applications and the L.A.R. numbers are as

This order is corrected pursuant to the order dated 11.06.2026.
Dilwale 9 127-CA-5033-26 corr.odt

under:-

Sr. C.A. No. F.A. St. No. Name of the applicant L.A.R. No.
No. (Year 2023)
1 5070/2026 32965 Adinath Pandhari Chewale 165/2006
2 5071/2026 33122 Dnyanoba Nivrati Mandade 169/2006
3 5021/2026 31912 Nivratti Dnyanoba Chewale 158/2006
4 5023/2026 31903 Shivabai Premgir Giri Puri 161/2006
5 5072/2026 33133 Trambak Gonvind Chewale 167/2006
6 5073/2026 32970 Pandhari Gnyanoba Chewale 164/2006
7 5033/2026 29954 Dinesh Janardhan Bembade 152/2006
8 5024/2026 31899 Bhagirathibai Gunderao Chewale 162/2006
9 5022/2026 31916 Vishwanath Pandhari Chewale 154/2006
10 5025/2026 31895 Rashika Nath Pandharinath Mandade 163/2006
11 5026/2026 31909 Dagadu Hanmant Chewale 159/2006
12 5027/2026 31906 Udhav Pandurang Ekambe 160/2006

3. Mr. Panale, learned counsel for the applicants - claimants

submits that it is not disputed that the properties of the applicants are

acquired by the acquiring body. The entitlement of the applicants -

claimants for compensation has been adjudicated by the reference court

on appreciating the evidence on record and examining the facts. The

applicants have legitimate right to receive the compensation, which is

enhanced by learned reference court. As the applicants are in dire need

of money and as their sole source of earning has been acquired by the

acquiring body, they are left with no choice than to file the present

applications.

4. Mr. Panale, learned counsel for the applicants, places reliance

on the order dated 21.11.2016 passed by this Court in Civil Application

This order is corrected pursuant to the order dated 11.06.2026.
Dilwale 10 127-CA-5033-26 corr.odt

No.14037 of 2016 in FA No.1679/2014 with connected matters. Mr.

Panale, learned counsel, submits that the cited matters, arise out of the

same land acquisition proceedings and the land acquisition notification as

also the award, which are the subject matters of present appeals and

applications. He would submit that the order dated 21.11.2018 (supra)

was passed after hearing the concerned parties, mainly, the acquiring

body, on its own merits and thereafter, this court permitted the applicants

therein to withdraw 50% of the amount deposited by furnishing

undertaking to the satisfaction of learned Registrar (Judicial). He would

further submit that they were also permitted to withdraw 25% of the

deposited amount, on furnishing solvent security/surety for the like

amount and balance 25% amount on furnishing Bank guarantee of any

scheduled bank. Mr. Panale also submits that in the said order, this court

has taken a note of the order dated 11.09.2011, passed by the Division

Bench of this court in Civil Application No.11629 of 2015 with connected

matters so also the order passed in Civil Application No.9727 of 2015

passed by learned single Judge of this court.

5. Mr. Panale, learned counsel for the applicants, would also

cite another order passed by this Court on 04.09.2025, in Civil

Application No.9440 of 2025 in FAST No.31185/2023, whereby, this

court permitted withdrawal of 50% of the amount with accrued interest,

on furnishing undertaking and 50% amount on furnishing solvent

This order is corrected pursuant to the order dated 11.06.2026.
Dilwale 11 127-CA-5033-26 corr.odt

security/surety. Mr. Panale would also invite attention of the court to the

order dated 08.08.2025, passed by this court in Civil Application No.8191

of 2025 in FA No.2321 of 2014, whereby, withdraw of amount has been

permitted on the same lines.

6. Mr. Panale, learned counsel for the applicants, now, submits

that as the cited orders, permitting withdrawal of amount, arise out of

one and same land acquisition proceedings and land acquisition

notification, present applicants may also be permitted to withdraw the

deposited amount in the same mode, on the principle of parity.

7. Mr. Gaddime, learned counsel for the acquiring body,

opposes withdrawal of amount by the applicants. He, however, agrees

with the cited orders and that the matter pertains to the same land

acquisition proceedings, award and notification. He agrees that the

present appeals are also based on the same objections, which have been

raised in the appeals in the cited cases. He would submit that the

acquiring body, however, may have objection to the findings recorded by

the reference court, which the acquiring body would demonstrate at the

time of hearing of the appeals.

8. In view of the above, I pass the following order:-

(i) The applicants are permitted to withdraw entire deposited

amount along with interest accrued thereon, on furnishing an

This order is corrected pursuant to the order dated 11.06.2026.
Dilwale 12 127-CA-5033-26 corr.odt

undertaking to the effect that in the event of success of the acquiring

body in the appeals, the applicants shall redeposit the amount within a

period of three months from such decision in the office of this court.

(ii) The applications stand disposed of accordingly.

Civil Applications for grant of stay:-

9. The present Civil Application are filed for stay to the impugned

orders in the respective First Appeals. Considering the averments made in

the applications, the effect, operation and implementation of the

impugned order is stayed upon condition that the applications/appellants

shall deposit remaining 50% of the amount granted by the Reference

Court within a period of ten weeks from the date of this order.

[ SIDDHESHWAR S. THOMBRE ]
JUDGE

This order is corrected pursuant to the order dated 11.06.2026.

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