Bombay High Court
M.K.V.D.C., LTD., THR EX. ENGINEER, SINA KOLEGAON MEDIUM PROJECT DIV. PARANDAversusTRIVENABAI RAMA SIRSAT (DIED) THR LRS MAHADEO AND ORS
- Disposal
- Admitted/Allowed/Granted/Rule Absolute
Holding
The court condoned the delay, made the stay absolute, and permitted the claimants to withdraw the deposited amount with interest.
Summary
The Maharashtra Krishna Valley Development Corporation Ltd. filed a civil application seeking condonation of a 273‑day delay in filing its first appeal against a 2019 award. The court, relying on Supreme Court precedent, allowed the condonation, permitting the appeal to be registered. In a related stay application, the corporation had deposited 50% of the award with interest, and the court consequently made the earlier stay absolute. The original claimants then applied to withdraw the deposited amount, arguing they were land‑losers and that the corporation’s interest was already protected. The court held that, given the deposit and the pending dispute in the first appeal, the claimants could withdraw the amount with interest upon furnishing a standard undertaking. All three applications were therefore allowed.
Issues considered
- Whether a delay of 273 days in filing a first appeal can be condoned.
- Whether the stay granted earlier should be made absolute upon compliance with the deposit order.
- Whether the original claimants may withdraw the amount deposited by the acquiring body along with accrued interest.
Subjects
- condonation of delay
- stay order
- withdrawal of deposited amount
- land acquisition
- civil appeal
- award compliance
- interest
Judgment
2026:BHC-AUG:46378
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
2 51-sr956
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.
3 51-sr956
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
4 51-sr956
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
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