961-CA-9562-2025+ -1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 961 CIVIL APPLICATION NO. 9562 OF 2025 (for withdrawal) IN FAST/17623/2019 SUPRIYA KISHOR AADKAR AND OTHERS VERSUS THE EXECUTIVE ENGINEER, CENTRAL RAILWAY, PUNE AND ORS … Advocate for the Applicants : Mr. M. S. Karad Advocate for Respondent No.1 : Mr. M. N. Navandar AGP for Respondent Nos. 2 and 3 : Mr. S. P. Joshi ... WITH CIVIL APPLICATION NO. 9502 OF 2019 IN/WITH FAST/17623/2019 (for delay condonation) THE EXECUTIVE ENGINEER, CENTRAL RAILWAY, PUNE AND ANR VERSUS SUPRIYA D/O KISHOR AADKAR AND OTHERS … Advocate for the Applicants : Mr. M. N. Navandar Advocate for Respondent Nos. 1 and 2 : Mr. M. S. Karad AGP for Respondent No.3 : Mr. S. P. Joshi ... WITH CIVIL APPLICATION NO. 9504 OF 2019 IN/WITH FAST/17620/2019 (for delay condonation) THE EXECUTIVE ENGINEER, CENTRAL RAILWAY, PUNE AND ANR VERSUS BAPURAO DATTOBA GAIKWAD AND OTHERS … Advocate for the Applicants : Mr. M. N. Navandar AGP for Respondent No.3 : Mr. S. P. Joshi ... 2025:BHC-AUG:26136 961-CA-9562-2025+ -2- WITH CIVIL APPLICATION NO. 9506 OF 2019 IN/WITH FAST/17617/2019 (for delay condonation) THE EXECUTIVE ENGINEER, CENTRAL RAILWAY, PUNE AND ANR VERSUS KISAN CHIMAJI KALE AND OTHERS … Advocate for the Applicants : Mr. M. N. Navandar AGP for Respondent No.3 : Mr. S. P. Joshi … WITH CIVIL APPLICATION NO. 9508 OF 2019 IN/WITH FAST/17613/2019 (for delay condonation) THE EXECUTIVE ENGINEER, CENTRAL RAILWAY, PUNE AND ANR VERSUS SUDAM TATYA SHELKE AND ANOTHER … Advocate for the Applicants : Mr. M. N. Navandar AGP for Respondent No.2 : Mr. S. P. Joshi … WITH CIVIL APPLICATION NO. 9510 OF 2019 IN/WITH FAST/17610/2019 (for delay condonation) THE EXECUTIVE ENGINEER, CENTRAL RAILWAY, PUNE AND ANR VERSUS HARIBHAU BHAGUJI SHINDE AND ANOTHER … Advocate for the Applicants : Mr. M. N. Navandar AGP for Respondent No.2 : Mr. S. P. Joshi … WITH CIVIL APPLICATION NO. 9512 OF 2019 IN/WITH FAST/17607/2019 (for delay condonation) THE EXECUTIVE ENGINEER, CENTRAL RAILWAY, PUNE AND ANR VERSUS BHAGUJI KISAN DIGHE AND ANOTHER 961-CA-9562-2025+ -3- … Advocate for the Applicants : Mr. M. N. Navandar AGP for Respondent No.2 : Mr. S. P. Joshi … WITH CIVIL APPLICATION NO. 9514 OF 2019 IN/WITH FAST/17628/2019 (for delay condonation) THE EXECUTIVE ENGINEER, CENTRAL RAILWAY, PUNE AND ANR VERSUS BANSI S/O MOHAN GAIKWAD AND OTHERS … Advocate for the Applicants : Mr. M. N. Navandar AGP for Respondent No.4 : Mr. S. P. Joshi … WITH CIVIL APPLICATION NO. 9516 OF 2019 IN/WITH FAST/17604/2019 (for delay condonation) THE EXECUTIVE ENGINEER, CENTRAL RAILWAY, PUNE AND ANR VERSUS NANDABAI ASHOK GHODE AND ANOTHER … Advocate for the Applicants : Mr. M. N. Navandar AGP for Respondent No.2 : Mr. S. P. Joshi … WITH CIVIL APPLICATION NO. 9518 OF 2019 IN/WITH FAST/17601/2019 (for delay condonation) THE EXECUTIVE ENGINEER, CENTRAL RAILWAY, PUNE AND ANR VERSUS GANGARAM S/O NIVRUTTI GADE AND OTHERS … Advocate for the Applicants : Mr. M. N. Navandar AGP for Respondent No.3 : Mr. S. P. Joshi … 961-CA-9562-2025+ -4- WITH CIVIL APPLICATION NO. 9520 OF 2019 IN/WITH FAST/17426/2019 (for delay condonation) THE EXECUTIVE ENGINEER, CENTRAL RAILWAY, PUNE AND ANR VERSUS SUBHASH S/O DIGAMBER SHELKE AND OTHERS … Advocate for the Applicants : Mr. M. N. Navandar AGP for Respondent No.7 : Mr. S. P. Joshi … WITH CIVIL APPLICATION NO. 9522 OF 2019 IN/WITH FAST/17597/2019 (for delay condonation) THE EXECUTIVE ENGINEER, CENTRAL RAILWAY, PUNE AND ANR VERSUS VIKRAM S/O RANGNATH SHELKE AND OTHERS … Advocate for the Applicants : Mr. M. N. Navandar AGP for Respondent No.3 : Mr. S. P. Joshi … CORAM : ABHAY S. WAGHWASE, J. DATED : 23 SEPTEMBER 2025 PER COURT :- Civil Applications for condonation of delay : 1. The applicants-acquiring body has preferred these applications, praying therein to condone the delay of 401 days caused in filing respective First Appeals against the order of the learned Reference Court, mainly on the ground that the computation of compensation by the learned Reference Court is not on the basis of settled principles of law. 961-CA-9562-2025+ -5- 2. For the reasons mentioned in the applications, the same are allowed in terms of prayer “B”. Delay stands condoned. Registry to register the respective First Appeals. First Appeals : 3. Heard. 4. Admit. 5. Call record and proceedings. Civil Application for withdrawal of amount : 6. Civil Application No. 9562 of 2025 is filed seeking withdrawal of amount deposited by respondent acquiring body in this Court. 7. Heard learned counsel Mr. M. S. Karad for the applicants- claimants, learned counsel Mr. M. N. Navandar for respondent- acquiring body and learned AGP Mr. S. P. Joshi for the respondent- State. 8. Learned counsel for the applicants-claimants submits that the applicants’ land is acquired by respondent no.1 by way of Notification under Section 4(1) of the Land Acquisition Act which was published on 18.12.2008. Since then the applicants have not received 961-CA-9562-2025+ -6- compensation in respect of their lands. Reference Court has enhanced the amount of compensation of the applicants’ land. The said judgment and order is challenged by respondent nos. 1 and 2 before this Court. That, the applicants are poor farmers and they need the amount for daily expenses. Hence request to allow the application. 9. Learned counsel for the respondent-acquiring body submits that, learned Reference Court has awarded exorbitant compensation, which is impugned by respondent nos. 1 and 2 by way of Appeals. That, if the applicants-claimants are permitted to withdraw the amount and respondent nos. 1 and 2 succeed in the Appeals, it will be difficult for respondent nos. 1 and 2 to recover the amount. However, learned counsel pointed out that, in a group of similar matters, by order dated 26.09.2022 passed in Civil Application No. 13389 of 2022 in First Appeal No. 3781 of 2018 with connected applications, this Court has allowed the claimants therein to withdraw 50% amount out of the 50% amount deposited along with accrued interest thereon. A copy of the said order is also placed on record. 10. Admittedly, land of the applicants is acquired by way of Notification under Section 4(1) of the Land Acquisition Act which was published on 18.12.2008. The applicants have not received any compensation about their acquired land. Hence, the following order is passed : ORDER (i) Civil Application No. 9562 of 2025 is partly allowed. 961-CA-9562-2025+ -7- (ii) The applicants-claimants are permitted to withdraw 50% amount out of the amount deposited in this Court, along with interest accrued thereon, i.e. 25% on furnishing undertaking and 25% on furnishing solvent surety/security to the satisfaction of the Registrar (Judicial) of this Court. (iii) The remaining 50% amount be invested in Fixed Deposit with any Nationalized Bank till disposal of the First Appeal. [ABHAY S. WAGHWASE, J.] vre