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Bombay High Court

THE EXECUTIVE ENGINEER U.P.P. NANDED AND ORSversusMAROTI BABA HAKADE DIED THROUGH L.R.S. PRAYAGABAI MARUTI HAKADE AND ORS

Disposal
Admitted/Allowed/Granted/Rule Absolute

Holding

The Court held that the claimants may withdraw a specified portion of the deposited award amount subject to conditions, that the 201‑day filing delay is condoned, and that the stay of execution is made absolute.

Summary

The acquiring body appealed a land‑acquisition award and deposited the full award amount in the High Court, after which the claimants sought to withdraw part of that deposit alleging the amount was short of the payable sum. The Court partially allowed the claimants to withdraw 50% of the deposited amount upon an undertaking and a further 25% upon furnishing a solvent security, directing the balance to be kept in a nationalised bank with interest. A separate application for condonation of a 201‑day delay in filing the First Appeal was allowed, and the delay was condoned. Another application seeking a stay of execution was allowed, making the earlier stay absolute. The First Appeal was issued notice, with service waived by the applicant’s counsel, leaving the appeal pending.

Issues considered

  • Whether the claimants are entitled to withdraw a portion of the amount deposited by the acquiring body pending determination of the correct compensation.
  • Whether a delay of 201 days in filing the First Appeal can be condoned.
  • Whether the stay of execution of the land‑acquisition award should be made absolute.

Subjects

  • land acquisition
  • compensation
  • stay of execution
  • condonation of delay
  • withdrawal of deposited amount
  • civil application

Judgment

2026:BHC-AUG:41255



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                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     BENCH AT AURANGABAD

                                  CIVIL APPLICATION NO. 13356 OF 2023
                                           IN FAST/19028/2023

                             Prayagbai Maroti Hakade Surywanshi And Ors
                                                VERSUS
                     The State Of Maharashtra Through Collector Nanded And Ors
                                                   ...
                     Ms. R. R. Barhate, Advocate for Applicants
                     Mr. R. K. Ingole, AGP for Respondent-State
                     Ms. Kavita Bhale i/b Ms. S. M. Zaware, Advocate for
                     Respondent no.3
                                                   ...
                                                 WITH
                                 CIVIL APPLICATION NO. 7762 OF 2023
                                         IN FAST/19028/2023
                                                 WITH
                                 CIVIL APPLICATION NO. 7763 OF 2023
                                         IN FAST/19028/2023
                                                  …..
                                          CORAM : AJIT B. KADETHANKAR, J.
                                            DATED : 04TH SEPTEMBER, 2026

                     P.C. :-

                     CIVIL APPLICATION NO. 13356 OF 2023

                     .         Heard learned Advocate for the respective parties.

                     Feeling aggrieved by the enhancement granted by the

                     Reference Court in the Land Acquisition Reference No. 257 of

                     2007, the acquiring body has filed the present First Appeal in

                     this Court. While seeking stay to the execution and operation

                     of the impugned judgment and award. The acquiring body
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undertook to deposit entire payable award amount in this

Court. Accordingly, the execution and operation is stayed by

order dated 26.06.2023.

2.      Pursuant to the order passed by this Court, the

acquiring body has deposited rupees 34,27,415/-. Now this

Civil   Application   is moved by the claimants seeking

withdrawal of the said deposited amount. It is contended on

oath that, in fact the payable award amount counts to rupees

40,64,687/-, and therefore the amount deposited by the

acquiring body falls substantially short of the amount payable.

3.      Ms. Kavita Bhale i/b Ms. Suvarna Zaware, learned

advocate for respondent no.3/Acquiring Body records her

objection. She would submit that, as per the calculation of the

acquiring body, the amount deposited is rightly calculated.

She would further submit that it is evident that the Reference

Court has granted exaggerated compensation and hence the

appeal has good grounds on merits.

4.      I have heard both the sides extensively. It is not in

dispute that applicants’ land is acquired by the acquiring body

and the Reference Court after assessing the evidence has

granted the escalation. Considering that the application is
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filed by the land losers, whose sole source of livelihood has

been acquired under compulsory acquisition, I deem it

appropriate to partly allow this application. As observed

above, by keeping the point of calculation open for debate and

also to protect the interest of the Acquiring Body, I pass

following order:

                           ORDER

     a.     Civil Application stands partly allowed.
     b.     The applicants are permitted to withdraw
     50% of the deposited amount by furnishing usual
     undertaking to the satisfaction of learned
     (Registrar) Judicial of this Court. Applicants are
     also permitted to withdraw further 25% of the
     total deposited amount by furnishing solvent
     security to the satisfaction of learned Registrar
     (Judicial) of this Court.
     c.    Rest of the amount be deposited in any
     nationalized bank.
     d.    Needless to mention, the permitted
     withdrawal amount shall carry the interest
     accrued thereon.
     e.      Ms. Kavita Bhale i/b Ms. S. M. Zaware
     submits that during pendency of the proceedings,
     applicant no.7, original respondent no.7, is
     reported to be dead. In view of this, the share of
     respondent no.7 shall not be disbursed by the
     office.
     f.     Civil application stands disposed of.
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CIVIL APPLICATION NO. 7762 OF 2023

.     This application is filed seeking condonation of delay of

201 days caused in filing the First Appeal against the

judgment and award dated 04.05.2022 passed by the learned

Civil Judge, Senior Division, Nanded, in Land Acquisition

No.257 of 2007.

2.    The   reasons   seeking       condonation     of   delay   are

prescribed in paragraph numbers 3 to 5 of the application. It is

stated that some time was consumed on account of

administrative exigencies and in arranging the funds towards

Court fees to enable filing of the First Appeal. The Acquiring

Body/appellant has already deposited the award amount in

this Court. Today by separate order, a portion of that amount

is also permitted to the claimants for withdrawal.

3.    Considering the grounds stated in the application, I

deem it appropriate to allow the application. Hence, I pass

following order:

                            ORDER

      a.    Civil application stands allowed.
      b.   Delay of 201 days caused in filing the First
      Appeal stands condoned.
      c.    Appeal be registered.
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FIRST APPEAL ST. NO.19028 OF 2023


.       Issue notice to the respondents. Ms. R. R. Barhate,

learned Advocate waives service of notice for all respondents.



CIVIL APPLICATION NO. 7763 OF 2023

.       This application is filed seeking stay to the execution

and operation of the impugned judgment and award. Pursuant

to the order passed by this Court, the Acquiring Body has

already deposited the entire amount. In view of this, the Civil

Application stands allowed.

2.      Stay granted earlier is made absolute. Civil application

stands disposed of.



                                    ( AJIT B. KADETHANKAR, J. )

Rushikesh/2026


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