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 50% of the deposited award upon an undertaking and an additional 25% upon furnishing security, with the remainder to stay deposited, and it condoned the delay in filing the appeal and made the stay of execution absolute.
Summary
The acquiring body appealed a compensation award in a land acquisition case and deposited Rs.34,27,415 in the High Court, which the claimants challenged as insufficient compared to the awarded Rs.40,64,687. The Court partially allowed the claimants' application, permitting withdrawal of 50% of the deposited amount upon an undertaking and a further 25% upon furnishing security, with the balance to remain deposited in a nationalised bank and accrue interest. It also allowed a separate application seeking condonation of a 201‑day delay in filing the first appeal, thereby registering the appeal. Additionally, a stay of execution previously granted was made absolute, and the related civil application was disposed. The Court’s orders aimed to balance the interests of the acquiring body and the land losers while ensuring procedural compliance.
Issues considered
- Whether the amount deposited by the acquiring body satisfies the award amount determined by the Reference Court.
- Whether the claimants are entitled to withdraw portions of the deposited award amount.
- Whether a delay of 201 days in filing the first appeal can be condoned.
- Whether the stay of execution of the award should be made absolute.
Subjects
- land acquisition
- compensation award
- stay of execution
- condonation of delay
- withdrawal of deposited amount
- civil application
Judgment
2026:BHC-AUG:41256
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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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