The State Of Maharashtra Through The Deputy Collector Land Acquisition v. Sadanand Bandu Mhatre And ORS.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

MJ Jadhav CIVIL APPELLATE JURISDICTION FIRST APPEAL (ST) NO. 7656 OF 2025 WITH INTERIM APPLICATION NO. 6901 OF 2025 WITH INTERIM APPLICATION NO. 6902 OF 2025 IN FIRST APPEAL (ST) NO. 7656 OF 2025 The State Of Maharashtra Through The Deputy Collector Land Acquisition ... Appellant/Applicant Vs.

Sadanand Bandu Mhatre And Ors.

... Respondents Digitally signed by MANGALTAI JAYWANT JADHAV Date:

2025.10.01 20:41:41 +0530 Mr. D. J. Haldakar, AGP for the State- Appellant/Applicant. MANGALTAI JAYWANT JADHAV Mr. Shriram Kulkarni for the Respondents.

CORAM : GAURI GODSE, J.

DATED : 29th SEPTEMBER 2025 ORDER:

INTERIM APPLICATION NO. 6901 OF 2025 1.

This application is filed for condonation of delay in filing an appeal to challenge the order granting enhancement of compensation in land acquisition reference.

2.

The respondents (claimants) are served and represented Page no. 1 of 3

through advocate.

3.

I have perused the reasons in the application. 4.

For the reasons stated in the application, delay is condoned and the application is allowed in terms of prayer clause (b). FIRST APPEAL (ST) NO. 7656 OF 2025 5.

Admit.

6.

Learned advocate for the respondents waives notice. 7.

Call for records and proceedings.

8.

Printing is dispensed with.

9.

Learned advocate for the appellant shall file private paperbook within a period of one year from today. INTERIM APPLICATION NO. 6902 OF 2025 10.

This application is seeking stay to the execution of the impugned order.

11.

Learned counsel for the respondents has tendered order dated 20th March 2025 passed in Writ Petition No. 18446 of 2024. He submits that by the said order, the respondents were permitted to withdraw the amount on furnishing an indemnity on an affidavit thereby undertaking to bring back the amount in the event it is held Page no. 2 of 3

that the claimants are not entitled to the amount or subject to any orders passed in an appeal. Copy of the said order is taken on record.

12.

Learned counsel for the respondents submits that pursuant to the said order the claimants are in the process of submitting an undertaking for withdrawal of the amount.

13.

Hence, no further orders would be necessary in this application.

14.

In view of the order dated 20th March 2025, the respondents would be entitled to withdraw the amount subject to filing an undertaking as directed by the said order.

15.

Interim Application is disposed of.

16.

The parties are at liberty to take steps to get the appeal listed alongwith the other group of appeals pending in respect of the same village.

(GAURI GODSE, J.) Page no. 3 of 3