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2026 DAILYLAW 3238 (BOM)

THE EXECUTIVE ENGINEER, MINOR IRRIGATION DEPT., JALGAON v. SHRIDHAR SONU PATIL AND ANR

CA/732/2021 · 2026-08-14

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Judgment text

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( 1 ) 948 CA 6522 OF 2026 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 948 CIVIL APPLICATION NO. 6522 OF 2026 IN FAST/14985/2020 MADHUKAR SHALIGRAM PATIL VERSUS THE SPECIAL LAND ACQUISITION OFFICER (1), UPPAR TAPI PROJECT, (HATNUR), JALGAON AND ANR WITH CIVIL APPLICATION NO. 728 OF 2021 IN FAST/14985/2020 THE EXECUTIVE ENGINEER, MINOR IRRIGATION DEPT., JALGAON VERSUS MADHUKAR SHALIGRAM PATIL AND ANR WITH CIVIL APPLICATION NO. 730 OF 2021 IN FAST/14985/2020 THE EXECUTIVE ENGINEER, MINOR IRRIGATION DEPT., JALGAON VERSUS MADHUKAR SHALIGRAM PATIL AND ANR WITH CIVIL APPLICATION NO. 733 OF 2021 IN FAST/14988/2020 THE EXECUTIVE ENGINEER, MINOR IRRIGATION DEPT., JALGAON VERSUS SHRIDHAR SONU PATIL AND ANR WITH CIVIL APPLICATION NO. 6523 OF 2026 IN FAST/14988/2020 2026:BHC-AUG:36894 ( 2 ) 948 CA 6522 OF 2026 SHRIDHAR SONU PATIL VERSUS THE EXECUTIVE ENGINEER, MINOR IRRIGATION DEPT., JALGAON AND ANR WITH CIVIL APPLICATION NO. 732 OF 2021 IN FAST/14988/2020 THE EXECUTIVE ENGINEER, MINOR IRRIGATION DEPT., JALGAON VERSUS SHRIDHAR SONU PATIL AND ANR ... Mr. M. M. Bhokarikar, Advocate for Applicant/Claimant Mr. B. V. Virdhe, AGP for Respondent-State Mr. A. D. Pawar, Advocate for Respondent No.2/Acquiring Body … CORAM : AJIT B. KADETHANKAR, J. DATE : 14.08.2026 PER COURT :- CIVIL APPLICATION NO. 6522 OF 2026 IN FAST/14985/2020 CIVIL APPLICATION NO. 6523 OF 2026 IN FAST/14988/2020 . These applications are filed by the claimants seeking direction to the appellant-acquiring body to deposit the balance amount of the award in this Court within a stipulated time. 2. Mr. M. M. Bhokarikar, learned Advocate for the applicants/claimants would submit that although this Court had directed the acquiring body to deposit 50% of the award amount while staying the execution and operation of the impugned judgment and award, such amount was not deposited within the stipulated time. However, it is a matter of fact ( 3 ) 948 CA 6522 OF 2026 that the said amount was belatedly deposited in the Reference Court and the same is withdrawn by the claimants. Mr. Bhokarikar further submits that in any case in terms of the stay order passed by this Court, the stay is no more in existence and hence, a situation has arisen to issue a direction to the acquiring body to deposit the balance amount of the award in this Court. 3. Mr. A. D. Pawar, learned Advocate for the acquiring body would fairly submit that on account of some administrative exigencies including the period of Covid-19, the acquiring body could not deposit the amount within the stipulated time as was directed. He, however, submits that admittedly the said amount is deposited by the acquiring body in the Reference Court and the same is withdrawn by the claimants. Mr. Pawar further submits that if the Court condones the delay in the First Appeals and calls for the record and proceedings, the appeals could be heard on merits. As such, he submits that the directions sought by the learned Advocate Mr. Bhokarikar are not warranted. 4. Having heard the parties and considering the facts particularly the delayed payment deposited by the acquiring body and the stay granted by this Court on the condition of deposit within the stipulated time, I deem it appropriate to allow the Civil Applications. Hence, I pass the following order: O R D E R I. Civil Applications are allowed. II. The appellant – acquiring body shall deposit the balance amount in this Court within a period of eight weeks from today. III. Civil Applications stand disposed of. ( 4 ) 948 CA 6522 OF 2026 CIVIL APPLICATION NO. 728 OF 2021 IN FAST/14985/2020 CIVIL APPLICATION NO. 732 OF 2021 IN FAST/14988/2020 5. The applications are filed by the acquiring body/appellant seeking condonation of the delay caused in filing the First Appeals. The delay is of 258 days. The reasons for explaining the delay are set out in paragraphs 4 to 6 of the Civil Application. 6. Mr. Bhokarikar, learned Advocate for the claimants/respondents fairly agrees for condonation of delay. Considering the totality of the circumstances, I find that the applications deserve to be allowed. 7. Civil Applications stand allowed. Delay stands condoned. 8. First Appeals be registered. FIRST APPEALS 9. Issue notice to the respondents, returnable on 28.09.2026. Mr. Bhokarikar, learned Advocate waives service for the respondents/claimants. Learned AGP waive service for the respondent - state. 10. Call for Record and Proceeding. [AJIT B. KADETHANKAR, J.] PRW