The Executive Engineer Kkvm Through Minor Irrigation Division And ORS v. Dilip Kalyan Giri And ANR

2025:BHC-AUG:26442

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 937 CIVIL APPLICATION NO. 10449 OF 2025 IN FAST/1638/2023 The Executive Engineer Kkvm Through Minor Irrigation Division Osmanabad And Ors

VERSUS

Fulchand Somnath Giri AND 938 CIVIL APPLICATION NO. 10450 OF 2025 IN FAST/17279/2023 The Executive Engineer Kkvm Through Minor Irrigation Division Osmanabad And Ors

VERSUS

Fulchand Somnath Giri And Anr AND 939 CIVIL APPLICATION NO. 10451 OF 2025 IN FAST/17337/2023 The Executive Engineer Kkvm Through Minor Irrigation Division And Ors

VERSUS

Soma Sundar Giri AND 940 CIVIL APPLICATION NO. 10452 OF 2025 IN FAST/17341/2023 The Executive Engineer Kkvm Thr Mid Osmanabad And Ors

VERSUS

Pandit Kalyan Giri AND 941 CIVIL APPLICATION NO. 10453 OF 2025 IN FAST/17395/2023 The Executive Engineer Kkvm Through Minor Irrigation Division And Ors

VERSUS

Dilip Kalyan Giri And Anr

...

Mr. R. C. Patil, Advocate for respective Applicants Mr. A. T. Jagtap, Advocate for respective Respondents .....

CORAM : AJIT B. KADETHANKAR.

DATED : 24TH SEPTEMBER, 2025 ORDER :- .

Mr. R. C. Patil, learned Advocate for the Acquiring Body has sought some more time to deposit the award amount in this Court. He would fairly submit that while granting stay to the execution and operation of the judgment and awards impugned in all these Civil Applications, directions were given to the Acquiring Body to deposit the amount in this Court. Mr. Patil would further submit that in fact he had brought the cheques to deposit in this Court however since the time to deposit such cheques was over. Mr. Patil further submit that in the meantime, the said cheques came to be time barred. He would further submit that he has returned those cheques to the Acquiring Body and the fresh cheques are awaited now. In the light of this, Mr. Patil seeks atleast six weeks time to deposit such cheques.

2.

Mr. A. T. Jagtap, learned Advocate for the respective claimants submits that the claimants are helpless as the

Acquiring Body has been absolutely negligent in not depositing the awarded amount within time. Mr. Jagtap would further submit that the entitlement of the claimants had been adjusted by the learned Trial Court after examining the evidence on record and hence the amount has been enhanced by the learned Trial Court.

3.

So far as the prayer of Mr. R. C. Patil seeking six weeks time to deposit the amount in this Court is concern, the learned Advocate Mr. A. T. Jagtap representing the claimants who are holding for their legitimate right of compensation places his no objection for such extension, but as a last chance to the Acquiring Body to make such deposit.

4.

In view of this, time of six weeks from today is granted to the applicant/Acquiring Body to deposit the entire payable award amount together with interest accrued thereon within period of six weeks from today as a last chance. 5.

Cost of Rs.10,000/- in each matter would be a condition precedent if any further extension is sought by the Acquiring Body to deposit the amount.

6.

In above terms, I pass following order:

ORDER

a.

Time of six weeks from today is granted to the applicant/Acquiring Body to deposit the entire payable award amount together with interest accrued thereon.

b.

All claimants would be at liberty to seek appropriate directions from this Court, finding any deficiency in the amount if so deposited and what claimant would find deficit.

c.

Delay caused in filing the respective applications stands condoned.

d.

Civil Applications stand disposed of.

( AJIT B. KADETHANKAR, J. ) Rushikesh/2025