The Ex. Engineer, Patbandhare Majbutikaran Division, Omerga And ORS v. Dhanu Sitaram Jadhav

2025:BHC-AUG:27345 -1IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 6595 OF 2025 IN FIRST APPEAL STAMP NO. 28238 OF 2018 Balaji Nivrutti Birajdar CIVIL APPLICATION NO. 3728 OF 2020 IN FIRST APPEAL STAMP NO. 28238 OF 2018 Balaji Nivrutti Birajdar CIVIL APPLICATION NO. 6594 OF 2025 IN FIRST APPEAL STAMP NO. 28233 OF 2018 Shivram Annarao Jadhav CIVIL APPLICATION NO. 3718 OF 2020 IN FIRST APPEAL STAMP NO. 28233 OF 2018 Shivram Annarao Jadhav CIVIL APPLICATION NO. 6592 OF 2025 IN FIRST APPEAL STAMP NO. 28216 OF 2018 Vitthal Shrimant Honpake

-2CIVIL APPLICATION NO. 3720 OF 2020 IN FIRST APPEAL STAMP NO. 28216 OF 2018 Vitthal Shrimant Honpake CIVIL APPLICATION NO. 6591 OF 2025 IN FIRST APPEAL STAMP NO. 28223 OF 2018 Dhanu Sitaram Jadhav CIVIL APPLICATION NO. 3724 OF 2020 IN FIRST APPEAL STAMP NO. 28223 OF 2018 Dhanu Sitaram Jadhav CIVIL APPLICATION NO. 3722 OF 2020 IN FIRST APPEAL STAMP NO. 28211 OF 2018 Manik Tukaram Jadhav

-3CIVIL APPLICATION NO. 3714 OF 2020 IN FIRST APPEAL STAMP NO. 28096 OF 2018 Kalidas Vishwanath Thite CIVIL APPLICATION NO. 3716 OF 2020 IN FIRST APPEAL STAMP NO. 28219 OF 2018 Gunaji Bhima Honpke CIVIL APPLICATION NO. 6593 OF 2025 IN FIRST APPEAL STAMP NO. 28228 OF 2018 Chandraprakash Ramrao Mane CIVIL APPLICATION NO. 3726 OF 2020 IN FIRST APPEAL STAMP NO. 28228 OF 2018 Chandraprakash Ramrao Mane .....

Advocate for the Applicants-claimants : Mr. Ajit B. Kale AGP for Respondent-State : Mr. V. S. Badakh Advocate for the Acquiring Body : Mr. Mukul S. Kulkarni .....

-4CORAM : ABHAY S. WAGHWASE, J.

DATED : 24 SEPTEMBER 2025 ORDER :

CIVIL APPLICATION/6595/2025, CIVIL APPLICATION/6594/2025 CIVIL APPLICATION/6592/2025, CIVIL APPLICATION/6591/2025 CIVIL APPLICATION/6593/2025 1.

These applications filed for withdrawal of amount deposited by the appellant-Acquiring Body in this Court. Learned counsel Mr. Kale for the applicants-claimants submits that the Acquiring Body has deposited only 75% of the amount under award. Learned counsel has placed on record copy of order dated 19.04.2024 passed in similar matter i.e. Civil Application No. 11167 of 2023 in First Appeal No. 3576 of 2018 and submits that, the claimants therein are permitted to withdraw 75% of the deposited amount on usual undertaking Learned counsel thus prays for similar order. 2.

Learned counsel for the Acquiring Body opposes the applications. He submits that the land involved in Civil Application NO. 11167 of 2023 was from different village. He further submits that the Reference Court has awarded rate of interest under Section 28 of the Land Acquisition Act from the date of possession and not from the date of award. Learned counsel further submits that enhancement is

-5exorbitant. Learned counsel however concedes that in Civil Application No. 4971 of 2024 in First Appeal No. 1579 of 2023 with connected matters, the similarly situated claimants therein are permitted to withdraw75% of the deposited amount. 3.

Considering the above submissions, the applications are partly allowed. The applicants are allowed to withdraw 75% of the deposited amount on usual undertaking to the effect that in case the appeals are allowed, the applicants shall re-deposit the amount with interest within 12 weeks from the date of such order. 4.

The remaining 25% of the deposited amount shall be invested in the fixed deposit of any nationalized bank to be renewed form time to time till disposal of the amount.

5.

The applications are accordingly disposed off. CIVIL APPLICATION/3728/2020, CIVIL APPLICATION/3718/2020 CIVIL APPLICATION/3720/2020, CIVIL APPLICATION/3724/2020 CIVIL APPLICATION/3722/2020, CIVIL APPLICATION/3714/2020 CIVIL APPLICATION/3716/2020, CIVIL APPLICATION/3726/2020 6.

These applications are at the instance of the appellant Acquiring Body, praying therein to condone the delay of 1431 days caused in filing the respective First Appeals.

-67.

For the reasons set out in the applications, the delay caused in filing the appeals is hereby condoned. Registry to register the First Appeals.

[ABHAY S. WAGHWASE, J.] MRT