The Executive Engineer, Medium Project Division, Osmanabad v. Pandurang Nivrutti Magar And ANR

929-CA.4596-26.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 929 CIVIL APPLICATION NO. 4596 OF 2026 IN FAST/9201/2024 PANDURANG SO NIVRUTTI MAGAR

VERSUS

THE STATE OF MAHARASHTRA WITH CIVIL APPLICATION NO. 3789 OF 2024 IN FAST/9201/2024 ...

Advocate for Applicant : Mr. Manwatkar Dinesh Umakant. AGP for Respondent/s-State : Mr. S. B. Narwade. Advocate for Respondent No.2 : Mr. Chetan Jadhav h/f Mr. S. G. Bhalerao.

...

CORAM : SHAILESH P. BRAHME, J.

DATE : 05.05.2026 PER COURT :- 1.

Heard both sides.

2.

Applicant seeks to condone delay of 2942 days in preferring appeal.

3.

The contents of the application have not been traversed by the respondent. There can be no malafides on the part of the acquiring body. The delay is condoned.

4.

Civil application for delay is allowed.

929-CA.4596-26.odt Civil Application for Withdrawal 5.

Applicant seeks to withdraw amount of Rs.1,87,582/- deposited before this Court.

6.

It is pointed out by the learned counsel for the applicant that enhancement is more than 9 times and interest under Section 28 of the Land Acquisition Act has been awarded from the date of possession.

7.

Civil application is allowed permitting the applicant to receive Rs.1,25,000/- deposited before this Court on furnishing undertaking.

(SHAILESH P. BRAHME, J.) ...

vmk/-