Namdeo Pratap Chavan v. The Collector Through The Special Land Acquisition Officer M I W

( 1 )

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 930 CIVIL APPLICATION NO. 10365 OF 2025 IN FAST/11105/2025 Namdeo Pratap Chavan

VERSUS

The Collector Through The Special Land Acquisition Officer M I W WITH CIVIL APPLICATION NO. 4417 OF 2025 IN FAST/11105/2025 WITH CIVIL APPLICATION NO. 4418 OF 2025 IN FAST/11105/2025 ...

Ms. Ashvini Mehetre h/f Mr. Ajeet B. Kale, Advocate for Applicant. Smt. R. R. Tandale, AGP for Respondent-State. Mr. Rahul A. Tambe, Advocate for Respondent No.2. CORAM : KISHORE C. SANT, J.

DATE : 3rd OCTOBER 2025.

PC :- CA/4417/2025 1.

Heard the learned Advocates for the parties.

2.

This application is filed for condonation of delay of 1062 days caused in filing the first appeal.

3.

For the reasons stated in the application, delay stands condoned.

( 2 ) Application is allowed. Office to register first appeal. 4.

With this, civil application stands disposed off. STAY APPLICATION 5.

Since the appellant has already deposited the amount as per impugned judgment and award in the office of this Court with interest, there shall be stay to the impugned judgment and award till final disposal of the first appeal.

6.

With this, civil application stands disposed off. WITHDRAWAL 7.

Heard the learned Advocates for the parties.

8.

This application is filed for withdrawal of the amount deposited by the appellant in the office of this Court.

9.

The proceeding is arising out of land acquired by SLAO from village Odhare/Vishnapur Taluka Chalisgaon Dist. Jalgaon in the proceeding bearing LAQ/SR No.10/07 for construction of Minor Irrigation Tank and overflow canal.

( 3 ) 10.

The learned Advocate for the applicant relies upon the order passed by this Court in CA/4075/2025 in FAST/15378/2020 dated 21st April 2025. This court is inclined to allow the application. Hence, the following order:

ORDER

(i) The application is partly allowed.

(ii) The applicant is permitted to withdraw 60% of the amount of compensation alongwith accrued interest on furnishing usual undertaking to the satisfaction of the learned Registrar (Judicial) of this Court.

(iii) With this, civil application stands disposed off. [KISHORE C. SANT, J.]