51-sr956.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 956 CIVIL APPLICATION NO. 6089 OF 2021 IN FAST/12292/2021 Maharashtra Krishna Valley Development Corporation Ltd., Through Ex. Engineer, Sina Kolegaon Medium Project Div. Paranda VERSUS Trivenabai Rama Sirsat (died) Thr Lrs Mahadeo And Ors ... Advocate for Applicant/acquiring body : Mr. Shelke Avishkar AGP for Respondent no.2: Mr. B.V.Virdhe Advocate for Respondents 1B to 1E and 1-F-1 to 1-F-4: Mr.Madhav K. Jadhav h/f. Mr.Abhijit More ... WITH CIVIL APPLICATION NO. 6090 OF 2021 IN FAST/12292/2021 WITH CIVIL APPLICATION NO. 3780 OF 2025 IN FAST/12292/2021 CORAM : AJIT B. KADETHANKAR, J. DATE : SEPTEMBER 30, 2026 ORDER :- In C.A. No.6089/2021 (for condonation of delay):- This is an application for condonation of delay cased in filing the First Appeal challenging the judgment and award dated 12.04.2019 passed by learned Joint Civil Judge Senior Division, Paranda in L.A.R. No.247 of 2014. The delay is of 273 days. The reasons explaining the delay are descriptively mentioned at paragraphs 2 to 10 2026:BHC-AUG:46379 2 51-sr956 of the Civil Application. It is submitted that the delay is not deliberate nor caused out of any lethargy at the behest of the applicant/authority. Due to administrative exigency and particularly in order to receive the funds to file the First Appeal the delay is caused. It is submitted that even the acquiring body has deposited 50% of the award amount as per the order of this court. It is submitted that there are strong grounds of merit in the First Appeal and it needs to be heard on merit. 2. Heard Mr.Abhijit More, learned advocate for the respondents- claimants. He fairly prays to pass appropriate order. 3. For the reasons stated in the Civil Application and in view of the principles laid down by Hon’ble Supreme Court in the case Sheo Raj Singh (Deceased through LRs.) & Ors. V/s Union of India and ors. [Civil Appeal No.5867 of 2015 dtd.09- 10-2023], I deem it appropriate to allow this application. 4. Hence, the Civil Application is allowed. Delay caused in filing the First Appeal is condoned. The appeal be registered. 3 51-sr956 In First Appeal (St) No.12292 of 2021:- 5. Issue notice to the respondents. Mr.Abhijit More, learned advocate waives notice for respondent nos.1B to 1E and 1-F-1 to 1-F-4/ claimants and learned AGP waives notice for respondent nos.2 and 3. 6. Call Record and Proceedings. In C.A. No.6090 of 2021 (for Stay) :- 7. Pursuant to the order passed by this court the applicant has deposited 50% of the award amount together with interest. As such, there is compliance of the order passed by this court while granting stay. In view thereof, the stay granted earlier is made absolute. The Application stands allowed. In C.A. No.3780 of 2025 (withdrawal of amount):- 8. This is an application filed by the original claimants for withdrawal of the amount deposited by the acquiring body/appellant in this court. It is submitted that the applicants are land-losers whose sole source of livelihood has been acquired under the compulsory acquisition. It is submitted that not only their entitlement but the quantum of entitlement is disputed by the acquiring body in the First Appeal. Considering the merit demonstrated by the acquiring body while securing stay, this court has 4 51-sr956 directed the acquiring body to deposit 50% of the award amount. Thus, the interest of the acquiring body is well protected by this court. In the circumstances, it is desirable that the application be allowed. 9. Mr.Shelke, learned advocate for the acquiring body would formally oppose this application. 10. Considering that the interest of the acquiring body is already protected at least to the extent of 50% of award amount, I deem it appropriate to allow this Civil Application. It cannot be ignored that the applicants are the land-losers as is contended by learned advocate for the applicants. 11. Hence, the Civil Application is allowed. The amount deposited by the acquiring body in this court is permitted to be withdrawn by the applicants together with accrued interest, on furnishing usual undertaking to the satisfaction of learned Registrar (Judicial). [AJIT B. KADETHANKAR, J.] ……….. KBP