Sanjay Suklal Chaudhari Died Through Lrs And Others v. The Executive Director Tapi Irrigation Development Corporation Jalgaon Dist Jalgaon

2025:BHC-AUG:34774 ( 1 )

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 34 CIVIL APPLICATION NO. 8190 OF 2023 IN FAST/8135/2023 CIVIL APPLICATION NO. 8191 OF 2023 IN FAST/8135/2023 1 THE EXECUTIVE DIRECTOR TAPI PATBANDHARE VIKAS MAHAMANDAL JALGAON DIST JALGAON KASHINATH KESHARLAL SOMANI, DIED THROUGH LRS 35 CIVIL APPLICATION NO. 8449 OF 2023 IN FAST/34197/2022 1 SURESH JAGATISING PATIL CIVIL APPLICATION NO. 8448 OF 2023 IN FAST/34194/2022 THE SUPERINTENDING ENGINEER TAPI DEVELOPMENT CORPORATION JALGAON 1 PANDURANG PRATAPSING PATIL THROUGH GPA SUNIL PANDURANG PATIL AND ORS CIVIL APPLICATION NO. 8450 OF 2023 IN FAST/34197/2022 SUPERINTENDING ENGINEER TAPI DEVELOPMENT CORPORATION JALGAON

( 2 ) 1 SURESH JAGATSING PATIL CIVIL APPLICATION NO. 8447 OF 2023 IN FAST/34194/2022 PANDURANG PRATAPSING PATIL THROUGH GPA SUNIL PANDURANG PATIL AND ORS 36 CIVIL APPLICATION NO. 8521 OF 2023 IN FAST/2226/2023 CIVIL APPLICATION NO. 8522 OF 2023 IN FAST/2226/2023 THE SUPERINTENDING ENGINEER TAPI DEVELOPMENT CORPORATION JALGAON SUDHIR TRYMBAK PATIL 37 CIVIL APPLICATION NO. 8545 OF 2023 IN FAST/34551/2022 THE USPERINTENDING ENGINEER TAPI IRRIGATION DEVELOPMENT BHAGA KISAN PATIL THROUGH GPA BAPU BHAGWAN PATIL CIVIL APPLICATION NO. 8546 OF 2023 IN FAST/34551/2022 THE SUPERINTENDING ENGINEER TAPI DEVELOPMENT CORPORATION JALGAON

( 3 ) BHAGA KISAN PATIL THROUGH GPA BAPU BHAGWAN PATIL CIVIL APPLICATION NO. 8544 OF 2023 IN FAST/34064/2022 1 THE SUPERINTENDING ENGINEER TAPI IRRIGATION DEVELOPMENT 1 YAMUNABAI NAWALSING PATIL GHROUGH GPA BALU NAWALSING PATIL CIVIL APPLICATION NO. 8543 OF 2023 IN FAST/34064/2022 YAMUNABAI NAWALSING PATIL THROUGH GPA BALU NAWALSING PATIL 38 CIVIL APPLICATION NO. 8549 OF 2023 IN FAST/1630/2023 THE SUPERINTENDING ENGINEER TAPI DEVELOPMENT CORPORATION PROJECT JALGAON VASUDEV DAGDU CHAUDHAARI CIVIL APPLICATION NO. 8550 OF 2023 IN FAST/1630/2023 THE SUPERINTENDING ENGINEER TAPI DEVELOPMENT CORPORATION JALGAON 1 VASUDEV DAGDU CHAUDHARI

( 4 ) 39 CIVIL APPLICATION NO. 8567 OF 2023 IN FAST/33838/2022 DURGABAI SANTOSH PATIL DIED THROUGH LRS CIVIL APPLICATION NO. 8568 OF 2023 IN FAST/33838/2022 DURAGABAI SANTOSH PATIL DIED THROUGH LRS 40 CIVIL APPLICATION NO. 10179 OF 2023 IN FAST/11556/2023 1 THE EXECUTIVE ENGINEER JALGAON MEDIUM PROJECT DIVISION JALGAON AND ANR 1 PUNDLIK SHRAVAN CHAUDHARY AND ANR CIVIL APPLICATION NO. 10180 OF 2023 IN FAST/11556/2023 1 THE EXECUTIVE ENGINEER JALGAON MEDIUM PROJECT DIVISION JALGAON AND ANR 1 PUNDLIK SHRAVAN CHAUDHARY AND ANR 41 CIVIL APPLICATION NO. 10199 OF 2023 IN FAST/14845/2023

( 5 ) TAPI IRRIGATI1 THE SUPERINTENDING ENGINEER TAPI IRRIGATION DEVELOON DEVELOPMENT CORPORATION JALGAON SITARAM TOTAMRAM NHAVI DIED THROUGH LRS AND ORS CIVIL APPLICATION NO. 10200 OF 2023 IN FAST/14845/2023 1 THE SUPERINTENDING ENGINEER TAPI IRRIGATION DEVELOPMENT CORPORATION JALGAON AND ANR SITRAM TOTARAM NHAVI DIED THROUGH LRS AND ORS 42 CIVIL APPLICATION NO. 10300 OF 2023 IN FAST/13363/2023 1 THE SUPERINTENDING ENGINEER TAPI IRRIGATION DEVELOPMENT CORPORATION JALGAON AND ANR 1 PRABHAKAR AJABSING PATIL AND ORS CIVIL APPLICATION NO. 10301 OF 2023 IN FAST/13363/2023 1 THE SUPERINTENDING ENGINEER TAPI IRRIGATION DEVELOPMENT CORPORATION JALGAON AND ANR 1 PRABHAKAR AJABSING PATIL AND ORS 43 CIVIL APPLICATION NO. 10312 OF 2023 IN FAST/15847/2023 THE EXECUTIVE ENGINEER JALGAON MEDIUM PROJECT JALGAON

( 6 ) 1 PANDIT RAGHUNATH PATIL AND ANR CIVIL APPLICATION NO. 10313 OF 2023 IN FAST/15847/2023 THE EXECUTIVE ENGINEER JALGAON MEDIUM PROJECT JALGAON 1 PANDIT RAGHUNATH PATIL AND ANR 44 CIVIL APPLICATION NO. 10931 OF 2023 IN FAST/17263/2023 THE EXECUTIVE DIRECTOR TAPI IRRIGATION DEVELOPMENT CORPORATION JALGAON AND ANR SANJAY SUKLAL CHAUDHARI AND ANR CIVIL APPLICATION NO. 10932 OF 2023 IN FAST/17263/2023 THE EXECUTIVE DIRECTOR TAPI IRRIGATION DEVELOPMENT CORPORATION JALGAON AND ANR SANJAY SUKLAL CHAUDHARI AND ANR CIVIL APPLICATION NO. 13606 OF 2023 IN FAST/17263/2023 SANJAY SUKLAL CHAUDHARI DIED THROUGH L.RS. AND OTHERS THE EXECUTIVE DIRECTOR TAPI IRRIGATION DEVELOPMENT ...

Mr. A. D. Pawar, Advocate for Applicants/acquiring body in all matters (Respondent Nos.1 and 2 in CA/13606/2023)

( 7 ) Mr. N. R. Dayma and Mrs. M. N. Ghanekar, AGPs for State in respective matters Mr. A. H. Korhalkar, Advocate for L.Rs. Of Respondent No.1 in CA/10931/2023 and CA/10932/2023 (Applicants in CA/13606/2023) ...

CORAM

: SHAILESH P. BRAHME, J.

DATE : 09.12.2025 PER COURT :- APPLICATIONS FOR DELAY .

Heard.

2.

Issue notice to the respondents, returnable on 10.03.2026. Learned AGPs waives service of notice for the respondent-s/State Mr. Korhalkar, learned counsel waives service of notice for legal heirs of respondent no.1 in CA/10931/2023 and CA/10932/2023. APPLICATIONS FOR STAY .

Heard.

2.

Issue notice to the respondents, returnable on 10.03.2026. Learned AGPs waives service of notice for the respondent-s/State Mr. Korhalkar, learned counsel waives service of notice for legal heirs of respondent no.1 in CA/10931/2023 and CA/10932/2023. 3.

There shall be ad-interim stay to the execution and operation of the impugned judgment and award subject to deposit of 50% of the

( 8 ) compensation amount with accrued interest within a period of twelve (12) weeks from today. As the enhancement by the Reference Court is exorbitant, it is suffice to direct the acquiring body to deposit 50% of the amount of compensation.

CIVIL APPLICATION NO.13606 OF 2025 .

Not on Board. Taken on Board.

2.

It is brought to the notice of this Court that the sole claimant Sanjay Suklal Chaudhari died and he is survived by the legal heirs mentioned in the title clause of the application. The cause of action survives as against them. The steps should have been taken by the acquiring body but the claimants are coming forward in bringing legal heirs on record. Hence I am inclined to condone the delay.

3.

Civil Application is allowed in terms of prayer clause "B" and "D". ( SHAILESH P. BRAHME, J. ) PRW