Bombay High Court
THE EXECUTIVE ENGINEER, MINOR IRRIGATION DEPT., JALGAONversusSHRIDHAR SONU PATIL AND ANR
- Disposal
- Admitted/Allowed/Granted/Rule Absolute
Holding
The court allowed the civil applications, directing the acquiring body to deposit the balance amount within eight weeks and condoning the delay in filing the first appeals.
Summary
The claimants sought a court direction for the acquiring body to deposit the balance amount of a land acquisition award, after the initially ordered 50% deposit was delayed and later withdrawn by the claimants. The acquiring body argued that administrative exigencies, including COVID‑19, caused the delay but had eventually deposited the amount in the reference court. The court noted the stay order conditioned on timely deposit and, finding the deposit was made albeit late, ordered the acquiring body to deposit the remaining balance within eight weeks. The acquiring body also filed a civil application for condonation of a 258‑day delay in filing first appeals, which the claimants’ counsel supported. The court condoned the delay, allowed the applications, and directed that the first appeals be registered and proceeded with.
Issues considered
- Whether the acquiring body should be directed to deposit the balance award amount despite the delay and withdrawal by claimants.
- Whether the 258‑day delay in filing the first appeals should be condoned.
Subjects
- land acquisition
- award deposit
- stay order
- condonation of delay
- civil application
- first appeal
- COVID-19
Judgment
2026:BHC-AUG:36894
(1) 948 CA 6522 OF 2026
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
948 CIVIL APPLICATION NO. 6522 OF 2026
IN FAST/14985/2020
MADHUKAR SHALIGRAM PATIL
VERSUS
THE SPECIAL LAND ACQUISITION OFFICER (1), UPPAR TAPI PROJECT,
(HATNUR), JALGAON AND ANR
WITH
CIVIL APPLICATION NO. 728 OF 2021
IN FAST/14985/2020
THE EXECUTIVE ENGINEER, MINOR IRRIGATION DEPT., JALGAON
VERSUS
MADHUKAR SHALIGRAM PATIL AND ANR
WITH
CIVIL APPLICATION NO. 730 OF 2021
IN FAST/14985/2020
THE EXECUTIVE ENGINEER, MINOR IRRIGATION DEPT., JALGAON
VERSUS
MADHUKAR SHALIGRAM PATIL AND ANR
WITH
CIVIL APPLICATION NO. 733 OF 2021
IN FAST/14988/2020
THE EXECUTIVE ENGINEER, MINOR IRRIGATION DEPT., JALGAON
VERSUS
SHRIDHAR SONU PATIL AND ANR
WITH
CIVIL APPLICATION NO. 6523 OF 2026
IN FAST/14988/2020
(2) 948 CA 6522 OF 2026
SHRIDHAR SONU PATIL
VERSUS
THE EXECUTIVE ENGINEER, MINOR IRRIGATION DEPT., JALGAON AND
ANR
WITH
CIVIL APPLICATION NO. 732 OF 2021
IN FAST/14988/2020
THE EXECUTIVE ENGINEER, MINOR IRRIGATION DEPT., JALGAON
VERSUS
SHRIDHAR SONU PATIL AND ANR
...
Mr. M. M. Bhokarikar, Advocate for Applicant/Claimant
Mr. B. V. Virdhe, AGP for Respondent-State
Mr. A. D. Pawar, Advocate for Respondent No.2/Acquiring Body
…
CORAM : AJIT B. KADETHANKAR, J.
DATE : 14.08.2026
PER COURT :-
CIVIL APPLICATION NO. 6522 OF 2026 IN FAST/14985/2020
CIVIL APPLICATION NO. 6523 OF 2026 IN FAST/14988/2020
. These applications are filed by the claimants seeking direction to
the appellant-acquiring body to deposit the balance amount of the award in
this Court within a stipulated time.
2. Mr. M. M. Bhokarikar, learned Advocate for the
applicants/claimants would submit that although this Court had directed the
acquiring body to deposit 50% of the award amount while staying the
execution and operation of the impugned judgment and award, such amount
was not deposited within the stipulated time. However, it is a matter of fact
(3) 948 CA 6522 OF 2026
that the said amount was belatedly deposited in the Reference Court and the
same is withdrawn by the claimants. Mr. Bhokarikar further submits that in
any case in terms of the stay order passed by this Court, the stay is no more in
existence and hence, a situation has arisen to issue a direction to the acquiring
body to deposit the balance amount of the award in this Court.
3. Mr. A. D. Pawar, learned Advocate for the acquiring body would
fairly submit that on account of some administrative exigencies including the
period of Covid-19, the acquiring body could not deposit the amount within
the stipulated time as was directed. He, however, submits that admittedly the
said amount is deposited by the acquiring body in the Reference Court and the
same is withdrawn by the claimants. Mr. Pawar further submits that if the
Court condones the delay in the First Appeals and calls for the record and
proceedings, the appeals could be heard on merits. As such, he submits that
the directions sought by the learned Advocate Mr. Bhokarikar are not
warranted.
4. Having heard the parties and considering the facts particularly the
delayed payment deposited by the acquiring body and the stay granted by this
Court on the condition of deposit within the stipulated time, I deem it
appropriate to allow the Civil Applications. Hence, I pass the following order:
ORDER
I. Civil Applications are allowed.
II. The appellant – acquiring body shall deposit the balance
amount in this Court within a period of eight weeks from
today.
III. Civil Applications stand disposed of.
(4) 948 CA 6522 OF 2026
CIVIL APPLICATION NO. 728 OF 2021 IN FAST/14985/2020
CIVIL APPLICATION NO. 732 OF 2021 IN FAST/14988/2020
5. The applications are filed by the acquiring body/appellant seeking
condonation of the delay caused in filing the First Appeals. The delay is of 258
days. The reasons for explaining the delay are set out in paragraphs 4 to 6 of
the Civil Application.
6. Mr. Bhokarikar, learned Advocate for the claimants/respondents
fairly agrees for condonation of delay. Considering the totality of the
circumstances, I find that the applications deserve to be allowed.
7. Civil Applications stand allowed. Delay stands condoned.
8. First Appeals be registered.
FIRST APPEALS
9. Issue notice to the respondents, returnable on 28.09.2026.
Mr. Bhokarikar, learned Advocate waives service for the
respondents/claimants. Learned AGP waive service for the respondent - state.
10. Call for Record and Proceeding.
[AJIT B. KADETHANKAR, J.]
PRW
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