Bombay High Court
SHANTABAI TRAMBAK JADHAV (DIED) THR LRS VISHWAS DIED THR LRS RAMABAI AND ORS.versusTHE EX. ENGINEER, M.I.W. (M.I.W.D.) JALGAON AND ANR.
- Disposal
- Admitted/Allowed/Granted/Rule Absolute
Holding
The Court permitted withdrawal of 50% of the deposited award with interest and condoned the 1,254‑day delay, allowing the appeal to be registered.
Summary
The acquiring body, after a judgment awarding compensation for land acquisition, deposited 75% of the award amount as directed by the High Court. The original claimants applied to withdraw the deposited amount, arguing that the award was justified and that they needed the funds for livelihood. The Court, noting that the full award had been deposited and part already withdrawn, allowed a partial withdrawal of 50% of the deposited sum with accrued interest, subject to an undertaking. In a separate application, the acquiring body sought condonation of a 1,254‑day delay in filing the first appeal, citing administrative exigencies and relying on precedent. The Court condoned the delay, allowed the application, and ordered the appeal to be registered. Thus, the applications were partly and fully allowed respectively, and the appeal proceeded.
Issues considered
- Whether the claimants may withdraw the amount deposited by the acquiring body under the Court's direction
- What portion of the deposited award, if any, can be withdrawn and on what conditions
- Whether a delay of 1,254 days in filing the first appeal can be condoned
- Whether the appeal should be registered after condonation of delay
Subjects
- land acquisition
- compensation award
- deposit withdrawal
- condonation of delay
- civil appeal
- interest on deposited amount
- high court order
Judgment
2026:BHC-AUG:41261
1
931-ca-7010-2026
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CIVIL APPLICATION NO. 7010 OF 2026
IN FAST/30843/2021
Shantabai Trambak Jadhav (died) Thr Lrs Vishwas Died Thr
Lrs Ramabai And Ors.
VERSUS
The Ex. Engineer, M.i.w. (m.i.w.d.) Jalgaon And Anr.
...
Mr. B. S. Chondhekar, Advocate for Applicants
Mr. S. N. Kendre, AGP for Respondent-State
Mr. A. D. Pawar, Advocate for Respondent no.1
...
WITH
CIVIL APPLICATION NO. 1903 OF 2022
IN FAST/30843/2021
…..
CORAM : AJIT B. KADETHANKAR, J.
DATED : 04TH SEPTEMBER, 2026
P.C. :-
CIVIL APPLICATION NO. 7010 OF 2026
. Feeling aggrieved by the judgment and award dated
12.03.2018 passed by learned Reference Court, Jalgaon in
Land Acquisition Reference No.62 of 2008, the Acquiring Body
has filed the First Appeal.
2. Pursuant to the order dated 17.02.2022 passed by this
Court, the Acquiring Body has deposited 75% of the award
amount. The said condition was imposed while staying the
2
931-ca-7010-2026
execution and operation of the impugned judgment and
award.
3. Now, this application is moved by the original claimants
seeking withdrawal of the deposited amount.
4. It is submitted that the claimants are the land losers and
their sole source of livelihood has been acquired under the
compulsory acquisition. The Reference Court has considered
the escalation on the basis of the evidence placed before the
Court. There is no exaggeration in the enhancement of the
award amount. In view of this, a prayer is made to allow the
applicants to withdraw the entire amount.
5. It is a matter of record that, considering the merits of
the appeal, this Court has directed the Acquiring Body to
deposit only 75% of the award amount. In view of this, I find
no reason to allow the application in its entirety; however, the
application can be allowed subject to appropriate conditions.
6. Mr. A. D. Pawar, learned Advocate for the Acquiring
Body, submits that, however, the entire 100% award amount
has been deposited by the acquiring body, out of which 36%
has already been withdrawn by the claimants from the
Reference Court.
3
931-ca-7010-2026
7. In view of this, I deem it appropriate to pass the
following order:
ORDER
a. Civil Application stands partly allowed.
b. The applicants are permitted to withdraw
50% of the amount alongwith accrued interest
deposited by the acquiring Body in this Court by
furnishing usual undertaking to the satisfaction of
the learned Registrar (Judicial) of this Court.
c. The application stands disposed of.
CIVIL APPLICATION NO. 1903 OF 2022
. This application is filed seeking condonation of delay of
1254 days caused in filing the First Appeal.
2. Mr. A. D. Pawar, learned Advocate would submit that
the grounds for condonation of delay are descriptively
mentioned in paragraph Nos. 2 to 7 of the application. It is
submitted that the delay is neither deliberate nor intentional.
However, the delay has been caused only due to
administrative exigencies which were beyond the control of
the Acquiring Body. He would place reliance on 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].
4
931-ca-7010-2026
3. There is another aspect of the matter. The amount, as
directed by this Court, has been deposited by the Acquiring
Body in this Court. A portion of the award amount has also
been allowed to be withdrawn by the claimants. In view of
this, I find that a case is made out to allow the application.
Hence, the following order:
ORDER
a. Civil Application stands allowed.
b. The delay of 1254 days caused in filing the
First Appeal stands condoned.
c. Civil Application stands disposed of.
d. Appeal be registered.
FIRST APPEAL ST. NO.30843 OF 2021
. Issue notice to the respondents. Mr. B. S. Chondhekar,
learned Advocate waives service of notice for all the
respondents.
2. Call for record and proceedings.
3. Stand over to 05.10.2026.
( AJIT B. KADETHANKAR, J. )
Rushikesh/2026
Checking your session…