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Bombay High CourtCA/8395/2025admittedallowedgrantedrule absolute

The Executive Engineer Minor Irrigation Division No 1 Aurangabad v. The State Of Maharashtra, Through Special Land Acquisition Officer And ORS

2025-12-09Hon'Ble Shri Justice Shailesh P. Brahme2 pages

2025:BHC-AUG:34189 ( 1 ) 57 CA 8396 OF 2025

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 57 CIVIL APPLICATION NO. 8396 OF 2025 IN FAST/19197/2025 WITH CIVIL APPLICATION NO. 8395 OF 2025 IN FAST/19197/2025 THE EXECUTIVE ENGINEER MINOR IRRIGATION DIVISION NO 1 AURANGABAD

VERSUS

THE STATE OF MAHARASHTRA, THROUGH SPECIAL LAND ACQUISITION OFFICER AND ORS ...

Mr. Govind Gangaram Suryawanshi, Advocate for Applicant Mrs. M. N. Ghanekar, AGP for Respondents-State ...

CORAM

: SHAILESH P. BRAHME, J.

DATE : 09.12.2025 PER COURT :- CIVIL APPLICATION NO. 8395 OF 2025 .

The acquiring body prays for condonation of delay of 1125 days. The respondents/claimants, though served, have not caused appearance. 2.

The averments of the application have not been controverted. The condonation of delay has repercussions on the public exchequer. There is no reason to infer any oblique motive on the part of the acquiring body. 3.

Civil Application is allowed. The delay stands condoned.

( 2 ) 57 CA 8396 OF 2025 FIRST APPEAL (STAMP NO.) .

Admit. The learned AGP waives service of notice for respondent no.1/State.

2.

Call for Record and Proceeding. Print is dispensed with. CIVIL APPLICATION NO. 8396 OF 2025 .

Issue notice to the respondents, returnable on 13.01.2026. The learned AGP waives service of notice for respondent no.1/State. 2.

Learned counsel for the applicant is armed with the cheque of entire amount of compensation with accrued interest. 3.

The office shall accept the cheque if deposited within four (4) days.

4.

There shall be ad-interim stay to the execution and operation of the impugned judgment and award subject to deposit of entire amount of compensation with accrued interest.

( SHAILESH P. BRAHME, J. ) PRW