1 925-ca-13356-2023+ IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 13356 OF 2023 IN FAST/19028/2023 Prayagbai Maroti Hakade Surywanshi And Ors VERSUS The State Of Maharashtra Through Collector Nanded And Ors ... Ms. R. R. Barhate, Advocate for Applicants Mr. R. K. Ingole, AGP for Respondent-State Ms. Kavita Bhale i/b Ms. S. M. Zaware, Advocate for Respondent no.3 ... WITH CIVIL APPLICATION NO. 7762 OF 2023 IN FAST/19028/2023 WITH CIVIL APPLICATION NO. 7763 OF 2023 IN FAST/19028/2023 ….. CORAM : AJIT B. KADETHANKAR, J. DATED : 04TH SEPTEMBER, 2026 P.C. :- CIVIL APPLICATION NO. 13356 OF 2023 . Heard learned Advocate for the respective parties. Feeling aggrieved by the enhancement granted by the Reference Court in the Land Acquisition Reference No. 257 of 2007, the acquiring body has filed the present First Appeal in this Court. While seeking stay to the execution and operation of the impugned judgment and award. The acquiring body 2026:BHC-AUG:41256 2 925-ca-13356-2023+ undertook to deposit entire payable award amount in this Court. Accordingly, the execution and operation is stayed by order dated 26.06.2023. 2. Pursuant to the order passed by this Court, the acquiring body has deposited rupees 34,27,415/-. Now this Civil Application is moved by the claimants seeking withdrawal of the said deposited amount. It is contended on oath that, in fact the payable award amount counts to rupees 40,64,687/-, and therefore the amount deposited by the acquiring body falls substantially short of the amount payable. 3. Ms. Kavita Bhale i/b Ms. Suvarna Zaware, learned advocate for respondent no.3/Acquiring Body records her objection. She would submit that, as per the calculation of the acquiring body, the amount deposited is rightly calculated. She would further submit that it is evident that the Reference Court has granted exaggerated compensation and hence the appeal has good grounds on merits. 4. I have heard both the sides extensively. It is not in dispute that applicants’ land is acquired by the acquiring body and the Reference Court after assessing the evidence has granted the escalation. Considering that the application is 3 925-ca-13356-2023+ filed by the land losers, whose sole source of livelihood has been acquired under compulsory acquisition, I deem it appropriate to partly allow this application. As observed above, by keeping the point of calculation open for debate and also to protect the interest of the Acquiring Body, I pass following order: ORDER a. Civil Application stands partly allowed. b. The applicants are permitted to withdraw 50% of the deposited amount by furnishing usual undertaking to the satisfaction of learned (Registrar) Judicial of this Court. Applicants are also permitted to withdraw further 25% of the total deposited amount by furnishing solvent security to the satisfaction of learned Registrar (Judicial) of this Court. c. Rest of the amount be deposited in any nationalized bank. d. Needless to mention, the permitted withdrawal amount shall carry the interest accrued thereon. e. Ms. Kavita Bhale i/b Ms. S. M. Zaware submits that during pendency of the proceedings, applicant no.7, original respondent no.7, is reported to be dead. In view of this, the share of respondent no.7 shall not be disbursed by the office. f. Civil application stands disposed of. 4 925-ca-13356-2023+ CIVIL APPLICATION NO. 7762 OF 2023 . This application is filed seeking condonation of delay of 201 days caused in filing the First Appeal against the judgment and award dated 04.05.2022 passed by the learned Civil Judge, Senior Division, Nanded, in Land Acquisition No.257 of 2007. 2. The reasons seeking condonation of delay are prescribed in paragraph numbers 3 to 5 of the application. It is stated that some time was consumed on account of administrative exigencies and in arranging the funds towards Court fees to enable filing of the First Appeal. The Acquiring Body/appellant has already deposited the award amount in this Court. Today by separate order, a portion of that amount is also permitted to the claimants for withdrawal. 3. Considering the grounds stated in the application, I deem it appropriate to allow the application. Hence, I pass following order: ORDER a. Civil application stands allowed. b. Delay of 201 days caused in filing the First Appeal stands condoned. c. Appeal be registered. 5 925-ca-13356-2023+ FIRST APPEAL ST. NO.19028 OF 2023 . Issue notice to the respondents. Ms. R. R. Barhate, learned Advocate waives service of notice for all respondents. CIVIL APPLICATION NO. 7763 OF 2023 . This application is filed seeking stay to the execution and operation of the impugned judgment and award. Pursuant to the order passed by this Court, the Acquiring Body has already deposited the entire amount. In view of this, the Civil Application stands allowed. 2. Stay granted earlier is made absolute. Civil application stands disposed of. ( AJIT B. KADETHANKAR, J. ) Rushikesh/2026