1 941-ca-10138-2026 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 10138 OF 2026 IN FAST/17279/2023 Fulchand Somnath Giri VERSUS The Exevutive Engineer ... Mr. A. T. Jagtap, Advocate for Applicant Mr. B. V. Virdhe, AGP for Respondents-State Mr. R. C. Patil, Advocate for Respondent no.1 ... WITH CIVIL APPLICATION NO. 10939 OF 2023 IN FAST/17279/2023 WITH CIVIL APPLICATION NO. 10940 OF 2023 IN FAST/17279/2023 ... CORAM : AJIT B. KADETHANKAR, J. DATED : 04TH SEPTEMBER, 2026 P.C. :- CIVIL APPLICATION NO. 10138 OF 2026 . Heard Mr. A. T. Jagtap, learned Advocate for the applicant/claimant and Mr. R. C. Patil, learned Advocate for the Acquiring Body. 2. It is not in dispute that the source of earning of the applicant has been acquired by the Acquiring Body under compulsory acquisition. Feeling aggrieved by the inadequate compensation awarded by the Land Acquisition Officer, the applicant approached the Reference Court under Section 18 of 2026:BHC-AUG:41377 2 941-ca-10138-2026 the Land Acquisition Act seeking enhancement of compensation. Upon appreciation of the evidence on record, the Reference Court enhanced the amount of compensation. 3. Feeling aggrieved by the said enhancement, the Acquiring Body has preferred the present First Appeal. In the appeal, pursuant to the orders passed by this Court, the Acquiring Body has deposited the entire amount payable under the award before this Court. 4. By way of the present application, the claimant seeks permission to withdraw the amount so deposited by the Acquiring Body. 5. Heard both the learned Advocates for the respective parties. It is not in dispute that the land of the claimant has been acquired by the Acquiring Body and compensation has been determined. The claimant is therefore entitled to receive the enhanced compensation. However, considering the grounds raised by the Acquiring Body in the First Appeal, it is also necessary to safeguard its interest while permitting withdrawal of the deposited amount. In view of above, I pass following order: 3 941-ca-10138-2026 ORDER a. Civil Application stands allowed. b. The applicant is permitted to withdraw the amount deposited by the Acquiring Body in this Court, together with the interest accrued thereon. c. The applicant is permitted to withdraw 75% of the deposited amount upon furnishing the usual undertaking to the satisfaction of the learned Registrar (Judicial) of this Court. d. The applicant is further permitted to withdraw the remaining 25% of the deposited amount upon furnishing solvent security to the satisfaction of the learned Registrar (Judicial) of this Court. e. In view of above, Civil Application stands disposed of. CIVIL APPLICATION NO. 10939 OF 2023 . Taking exception to the judgment and award passed by the Reference Court, the Acquiring Body has preferred this First Appeal. Pursuant to the order passed by this Court, even the Acquiring Body has deposited entire payable award amount in this Court with accrued interest. Vide a separate order, this Court today permitted the claimant to withdraw the entire amount deposited by the Acquiring Body. The reasons for causing delay in the appeal are well described in the Civil Application. 4 941-ca-10138-2026 2. Mr. R. C. Patil, learned Advocate for the Acquiring Body submits that the application is covered by the law laid down by the Hon’ble Supreme Court in the case of Sheo Raj Singh (Deceased through LRs.) & Ors. V/s Union of India and ors. [Civil Appeal No.5867 of 2015 dtd.09-10-2023]. 3. In view of this, I find that the Acquiring Body has made out case for condonation of delay. Hence, Civil Application stands disposed of. Delay of 1097 days caused in filing the First Appeal stands condoned. First Appeal be registered. FIRST APPEAL ST. NO.17279 OF 2023 . Issue notice to the respondent. Mr. A. T. Jagtap learned Advocate waives service of notice for respondent-Sole. 2. Call Record and Proceedings. 3. Stand over to 16.10.2026. CIVIL APPLICATION NO. 10940 OF 2023 . In view of the fact that the Acquiring Body has complied the condition imposed by this Court and has deposited the entire award amount, the Civil Application stands allowed and disposed of. The stay granted earlier is made absolute. ( AJIT B. KADETHANKAR, J. ) Rushikesh/2026