Bombay High Court
THE EX.ENGINEER,KRISHNA KHORE VIKAS MAHAMANDAL OSMANABAD AND ORSversusDATTA KALYAN GIRI
- Disposal
- Admitted/Allowed/Granted/Rule Absolute
Holding
The Court held that the applicant is entitled to withdraw the deposited amount subject to stipulated conditions, and that the delay in filing the first appeal is condoned in accordance with Supreme Court precedent.
Summary
The applicant's land was compulsorily acquired and compensation was awarded. The Reference Court, under Section 18 of the Land Acquisition Act, enhanced the compensation, which the acquiring body appealed. The acquiring body deposited the entire enhanced award amount with interest in the High Court, and the applicant sought permission to withdraw that amount. The Court allowed the withdrawal, permitting 75% of the sum upon an undertaking and the remaining 25% upon furnishing a solvent security, and also condoned the 1,098‑day delay in filing the first appeal, relying on the Supreme Court’s decision in Sheo Raj Singh v. Union of India. Consequently, the civil application was allowed and disposed of, and the first appeal was registered.
Issues considered
- Whether the applicant may withdraw the amount deposited by the acquiring body pending the first appeal.
- Whether the Court can impose conditions (undertaking and security) on such withdrawal.
- Whether the delay of 1,098 days in filing the first appeal can be condoned.
- Whether the appeal can be registered after condonation of delay.
Legislation cited
- Land Acquisition Act — s. 18
Subjects
- land acquisition
- compensation enhancement
- Section 18
- first appeal
- condonation of delay
- withdrawal of deposited amount
- civil application
- Supreme Court precedent
Judgment
2026:BHC-AUG:41273
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939-ca-10136-2026
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CIVIL APPLICATION NO. 10136 OF 2026
IN FAST/15599/2023
Datta Kalyan Giri
VERSUS
The Exevutive Engineer
...
Mr. A. T. Jagtap, Advocate for Applicant
Mr. A. V. Lavte, AGP for Respondent-State
Mr. R. C. Patil, Advocate for Respondent no.1
...
WITH
CIVIL APPLICATION NO. 7545 OF 2025 IN FAST/15599/2023
WITH
CIVIL APPLICATION NO. 7546 OF 2025 IN FAST/15599/2023
…..
CORAM : AJIT B. KADETHANKAR, J.
DATED : 04TH SEPTEMBER, 2026
P.C. :-
CIVIL APPLICATION NO. 10136 OF 2026
. Heard Mr. A. T. Jagtap, learned Advocate for the
applicant/claimant and Mr. R. C. Patil, learned Advocate for
the Acquiring Body.
2. It is not in dispute that the source of earning of the
applicant has been acquired by the Acquiring Body under
compulsory acquisition. Feeling aggrieved by the inadequate
compensation awarded by the Land Acquisition Officer, the
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939-ca-10136-2026
applicant approached the Reference Court under Section 18 of
the Land Acquisition Act seeking enhancement of
compensation. Upon appreciation of the evidence on record,
the Reference Court enhanced the amount of compensation.
3. Feeling aggrieved by the said enhancement, the
Acquiring Body has preferred the present First Appeal. In the
appeal, pursuant to the orders passed by this Court, the
Acquiring Body has deposited the entire amount payable
under the award before this Court.
4. By way of the present application, the claimant seeks
permission to withdraw the amount so deposited by the
Acquiring Body.
5. Heard both the learned Advocates for the respective
parties. It is not in dispute that the land of the claimant has
been acquired by the Acquiring Body and compensation has
been determined. The claimant is therefore entitled to receive
the enhanced compensation. However, considering the
grounds raised by the Acquiring Body in the First Appeal, it is
also necessary to safeguard its interest while permitting
withdrawal of the deposited amount. In view of above, I pass
following order:
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ORDER
a. Civil Application stands allowed.
b. The applicant is permitted to withdraw the
amount deposited by the Acquiring Body in this
Court, together with the interest accrued thereon.
c. The applicant is permitted to withdraw 75% of
the deposited amount upon furnishing the usual
undertaking to the satisfaction of the learned
Registrar (Judicial) of this Court.
d. The applicant is further permitted to withdraw
the remaining 25% of the deposited amount upon
furnishing solvent security to the satisfaction of
the learned Registrar (Judicial) of this Court.
e. In view of above, Civil Application stands
disposed of.
CIVIL APPLICATION NO. 7545 OF 2025
. Taking exception to the judgment and award passed by
the Reference Court, the Acquiring Body has preferred this
First Appeal. Pursuant to the order passed by this Court, even
the Acquiring Body has deposited entire payable award
amount in this Court with accrued interest. Vide a separate
order, this Court today permitted the claimant to withdraw
the entire amount deposited by the Acquiring Body. The
reasons for causing delay in the appeal are well described in
the Civil Application.
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2. Mr. R. C. Patil, learned Advocate for the Acquiring Body
submits that the application is covered by the law laid down
by the Hon’ble Supreme 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].
3. In view of this, I find that the Acquiring Body has made
out case for condonation of delay. Hence, Civil Application
stands disposed of. Delay of 1098 days caused in filing the
First Appeal stands condoned. First Appeal be registered.
FIRST APPEAL
. Issue notice to the respondent. Mr. A. T. Jagtap learned
Advocate waives service of notice for respondent-Sole.
2. Call Record and Proceedings.
3. Stand over to 16.10.2026.
CIVIL APPLICATION NO. 7546 OF 2025
. In view of the fact that the Acquiring Body has complied
the condition imposed by this Court and has deposited the
entire award amount, the Civil Application stands allowed and
disposed of. The stay granted earlier is made absolute.
( AJIT B. KADETHANKAR, J. )
Rushikesh/2026
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