Bombay High Court
MAROTI BAPU DEVKAR DIED THROUGH LEGAL HEIRSversusTHE STAE OF MAHARASHTRA
- Disposal
- Admitted/Allowed/Granted/Rule Absolute
Holding
The Court allowed the claimants to withdraw 80% of the deposited amount with interest, ordered the balance to be invested in a nationalised bank, permitted the acquiring body to bring the legal heirs on record via e‑filing, and condoned the delay in filing the first appeal.
Summary
The claimants, legal heirs of a deceased landowner, sought to withdraw a portion of the compensation amount deposited by the acquiring body under a court-awarded award. The High Court had earlier ordered the acquiring body to deposit the full compensation with interest, and the claimants now applied to withdraw 80% of that amount. The Court allowed the withdrawal, subject to an undertaking and directed that the balance be invested in a nationalised bank. Separate applications for condonation of a 3,845‑day delay in filing the first appeal were also considered; the Court, accepting the acquiring body’s explanation, condoned the delay. Additionally, the Court permitted the acquiring body to bring the legal heirs on record via e‑filing. All applications were allowed and disposed of.
Issues considered
- Whether the claimants are entitled to withdraw 80% of the compensation amount deposited under the award.
- Whether the 3,845‑day delay in filing the first appeal can be condoned.
- Whether the balance amount must be invested in a nationalised bank.
- Whether the acquiring body may bring the legal heirs of the deceased claimant on record through e‑filing.
Subjects
- land acquisition
- compensation withdrawal
- condonation of delay
- legal heirs
- e‑filing
- interim relief
- interest
- nationalised bank
Judgment
2026:BHC-AUG:42588
1 942-CA-7818-2025.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
942 CIVIL APPLICATION NO. 7818 OF 2025
IN FAST/19075/2025
The Executive Engineer, Osmanabad Medium Project Division At
Osmanabad (dharshiv) And Ors
VERSUS
Maruti S/obapu Devkar Sice Deceased Her Lrs Smtsitabai W/0 Maruti
Devkar
WITH
CIVIL APPLICATION NO. 7819 OF 2025
IN FAST/19072/2025
The Executive Engineer, Osmanabad Medium Project Division At
Osmanabad (dharshiv) And Ors
VERSUS
Subhash S/o Dattatraya Devkar And Anr
WITH
CIVIL APPLICATION NO. 7820 OF 2025
IN FAST/19072/2025
The Executive Engineer, Osmanabad Medium Project Division At
Osmanabad (dharshiv) And Ors
VERSUS
Subhash S/o Dattatraya Devkar And Anr
WITH
CIVIL APPLICATION NO. 9084 OF 2026
IN FAST/19075/2025
Maroti Bapu Devkar Died Through Legal Heirs
VERSUS
The Stae Of Maharashtra
WITH
CIVIL APPLICATION NO. 7817 OF 2025
IN FAST/19075/2025
The Executive Engineer, Osmanabad Medium Project Division At
Sunny Thote
2 942-CA-7818-2025.odt
Osmanabad (dharshiv) And Ors
VERSUS
Maruti S/obapu Devkar Sice Deceased Her Lrs Smtsitabai W/0 Maruti
Devkar
...
Adv.G.K. Sontakke for the Applicants in CA/9084/2026.
Mr.Madhav Kalyane h/f Mr.Gulab Balbhim Rajale for the Applicants in
CA7819/2025 and CA/7817/2025.
Ms.Meenakshi Sangeet, AGP for the Respondent/State.
….
CORAM : MANJUSHA DESHPANDE, J.
DATE : 10.09.2026
PER COURT :
1. Although the office remark indicates that the
Appellant/Acquiring Body has not taken steps in respect of one of the
deceased Claimants, the learned Advocate for the Acquiring Body submits
that necessary steps have already been taken for bringing the legal heirs
of the deceased Claimant on record. The said submission is also
supported by the learned Advocate appearing for the Claimants.
2. The learned Advocate for the Acquiring Body is permitted to
take necessary steps for bringing the legal heirs of the deceased Claimant
on record by filing a pursis through e-filing.
CIVIL APPLICATION NO. 9084 OF 2026
3. Heard the learned Advocates for the parties.
4. The present Application is filed by the Claimants seeking
withdrawal of the amount deposited pursuant to the Judgment and
Award. This Court, vide order dated 29th July, 2025, had granted interim
Sunny Thote
3 942-CA-7818-2025.odt
relief, subject to the condition that the Applicants deposit the entire
amount of compensation under the Award alongwith accrued interest,
before this Court within a period of twelve weeks. The Acquiring Body
has accordingly deposited the amount under the Award. Hence, the
present Application has been filed by the Claimants seeking withdrawal
of the said amount.
5. The learned Advocate for the Applicants has relied upon the
orders passed by this Court in the Civil Applications filed by the
Claimants in the companion First Appeals arising out of the same
Judgment and Award, whereby this Court has granted the Claimants to
withdraw 80% of the amount deposited alongwith accrued interest. It is,
therefore, submitted that a similar order may be passed in favour of the
present Applicants.
6. Considering the orders passed by this Court in the
companion First Appeals arising out of the same Judgment and Award,
the Applicants shall be entitled to withdraw 80% of the amount deposited
by the Acquiring Body alongwith accrued interest in equal proportion,
upon furnishing an undertaking to the satisfaction of the Registrar
(Judicial) of this Court.
7. The balance amount shall be invested in any Nationalized
Bank
8. In view thereof, Civil Application for withdrawal of amount
is allowed and accordingly disposed off.
Sunny Thote
4 942-CA-7818-2025.odt
CIVIL APPLICATION NO. 7819 OF 2025
9. In view of the withdrawal of the amount by the Claimants,
the Civil Application seeking condonation of delay is taken up for
hearing. There is a delay of 3845 days in filing the First Appeal by the
Acquiring Body. The learned Advocate for the Claimants as well as the
learned AGP oppose the Application for condonation of delay.
10. Having regard to the explanation furnished by the Acquiring
Body for the delay and considering the facts and circumstances of the
case, the Civil Application for condonation of delay is allowed. The delay
of 3845 days in filing the First Appeal is hereby condoned.
CIVIL APPLICATION NO. 7817 OF 2025
11. There is a delay of 3845 days in filing the present First
Appeal by the Claimants. The said delay has been explained by the
Applicants in the Application. According to the Applicants, they were not
aware of the procedure required to be followed for filing the Appeal and,
consequently, the Appeal could not be filed within the prescribed period.
12. Considering the statutory right of the Claimants to receive
compensation in respect of their acquired land and the explanation
offered for the delay in filing the Appeal, the delay deserves to be
condoned, subject to the Claimants furnishing an undertaking to the
satisfaction of the Registrar (Judicial) of this Court that they shall not
claim any statutory benefits or interest for the period of delay.
Sunny Thote
5 942-CA-7818-2025.odt
13. Accordingly, the Civil Application is allowed and stands
disposed of.
[ MANJUSHA DESHPANDE, J. ]
Sunny Thote
Checking your session…