Bombay High Court

THE EXECUTIVE ENGINEER CIVIL CONSTRCUTION PROJECT MSPGCL THERMAL POWER STATIONversusRAJESH UMAKANTAPPA MENDKUDALE AND ORS

Disposal: Admitted/Allowed/Granted/Rule Absolute
Bench: S G CHAPALGAONKAR

Holding

The Court condoned the delay and allowed partial withdrawal of the compensation amount subject to conditions, while also granting a stay for the claimant to pursue any shortfall.

Summary

The applicant sought condonation of a 344‑day delay in filing an appeal, citing administrative reasons, and the Court found the case made out for condonation. The applicant also applied to withdraw the compensation amount deposited by the acquiring body following a reference court award, alleging non‑payment of enhanced compensation for land acquired in 2008. The acquiring body opposed, arguing interest should accrue from possession and that the compensation assessment was excessive. The Court, after reviewing the reference court's reliance on comparable village sales, permitted the applicant to withdraw 50% of the deposited amount subject to an undertaking, and an additional 25% upon furnishing a surety. A stay application concerning the deposited amount was also allowed, granting the claimant liberty to pursue remedies for any shortfall. The first appeal was admitted and procedural formalities were dispensed with.

Issues considered

Whether the Court should condone a 344‑day delay in filing the appeal.
Whether the applicant is entitled to withdraw the compensation amount deposited by the acquiring body.
Whether the interest on compensation should accrue from the date of possession or the date of award.
Whether a stay should be granted concerning the deposited compensation amount.

Subjects

condonation of delay
compensation withdrawal
land acquisition
reference court award
partial withdrawal
stay of proceedings
civil application

Judgment

2026:BHC-AUG:25886
987 CA 2254 26.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD

987 CIVIL APPLICATION NO. 2254 OF 2026
IN FAST/24624/2025
WITH
CIVIL APPLICATION NO. 8751 OF 2025
IN FAST/24624/2025
WITH
CIVIL APPLICATION NO. 8752 OF 2025
IN FAST/24624/2025

RAJESH UMAKANTAPPA MENDKUDALE
VERSUS
THE EXECUTIVE ENGINEE
...
Advocate for Applicant/Claimant : Mr. T. G. Gaikwad
Advocate for Respondent no. 1 : Mr. Akash D. Gade
A.G.P. for Respondent no. 2 : Mr. S. K. Shirshe
...

CORAM : S. G. CHAPALGAONKAR, J.

DATE : 02.07.2026

PER COURT :

APPLICATION FOR CONDONATION OF DELAY :

1. Heard learned counsel Mr. Gade for the applicant.

2. The applicant seeks to condone delay of 344 days caused in filing
appeal. Perused the application and reasons stated therein. Apparently, the
delay is occasioned on account of administrative reasons, which are duly
explained in the application. In the result, case is made out to condone the
delay.

3. The Civil Application is allowed. Delay of 344 days is condoned. Civil
Application is disposed of.

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987 CA 2254 26.odt
4. Appeal be registered subject to removal of the office objections.

CIVIL APPLICATION FOR WITHDRAWAL OF AMOUNT

5. The applicant seeks permission to withdraw the amount deposited by
the respondent-Acquiring Body in pursuance of the Award passed by the
Reference Court.

6. Learned counsel Mr. Gaikwad appearing for the applicant submits that
the applicant has lost his lands in the year 2008 due to compulsory
acquisition and till date he has not received the enhanced compensation, as
determined by the Reference Court.

7. Learned counsel Mr. Gade, appearing for the Acquiring Body
vehemently opposes the application contending that the interest on
compensation amount is granted from the date of possession and not from
the date of Award. Further, he submits that the assessment of compensation
on the basis of the sale-deeds, which cannot be termed as comparative sale
instances, is excessive and exorbitant.

8. Having considered the reasons adopted by the Reference Court, this
Court find that the Reference Court, relying upon sale instances from same
village made the assessment of compensation. In that view of the matter,
the applicant is entitled to withdraw the compensation amount. Hence,
following order is passed :

ORDER

(I) The application is partly allowed. The applicant is
permitted to withdraw 50% of compensation amount as
deposited by the Acquiring Body subject to furnishing of
usual undertaking to the satisfaction of the Registrar
(Judicial) of this Court that he shall redeposit the amount
in case this Court directs him to do so.

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987 CA 2254 26.odt
(ii) The applicant is further permitted to withdraw
25% of the amount of compensation deposited, on
furnishing solvent surety/security to the satisfaction of the
Registrar (Judicial) of this Court.

(iii) The Civil Application is disposed of.

CIVIL APPLICATION FOR STAY :

9. Learned counsel Mr. Gade for the Appellant/applicant informed that
entire amount as per award passed by the Reference Court is deposited with
the Registry.

10. The aforesaid statement is disputed by the learned counsel appearing
on behalf of the respondent/claimant, contending that the amount deposited
would not constitute entire amount of compensation. However, there is no
impediment in considering the present application. In the result, the
application is allowed in terms of prayer clause ‘B’ with liberty in favour of
the claimant to pursue his remedy for deposit of the amount, if any due as
per the Award.

11. The Civil Application is disposed of.

FIRST APPEAL :

12. Admit.

13. Print and paper book is dispensed with.

( S. G. CHAPALGAONKAR, J.)

mkd/-

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