1 937-ca-10132-2026 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 10132 OF 2026 IN FA/3577/2022 Janardhan Mahadu Surase And Ors. VERSUS The Ex. Engineer, Minor Irrigation Div. No. 1 Aurangabad And Anr. ... Mr. N. J. Pahune Patil, Advocate for Applicants Mr. S. N. Kendre, AGP for Respondent-State Mr. S. G. Bhalerao, Advocate for Respondent no.1 ….. CORAM : AJIT B. KADETHANKAR, J. DATED : 04TH SEPTEMBER, 2026 P.C. :- . It is not disputed fact that the applicants’ land was acquired under the compulsory land acquisition by the respondent Acquiring Body. An award was passed and reference proceedings bearing Land Acquisition Reference Number 557 of 2009 was filed by the claimants seeking enhancement of compensation before the reference court. By judgment and award dated 22.02.2018, the reference court granted escalation. The said order was not challenged by the Acquiring Body. 2. Since there was no compliance of the enhancement granted by the Reference Court, the applicants-claimants were 2026:BHC-AUG:41269 2 937-ca-10132-2026 constrained to set in motion Darkhast proceedings bearing L.R.D. No.122 of 2019. In the execution proceedings, the parties arrived at an amicable settlement before the Lok Adalat held on 13.07.2019, whereby the Acquiring Body agreed entire amount as per the settlement within a period of six weeks. However within such period, the said amount was not deposited nor any extension was sought by the Acquiring Body. 3. This constrained the applicant to approach this court by filing Writ Petition No.7158 of 2021. This court by order dated 02.07.2021 and 13.07.2021 directed the Acquiring Body to deposit entire compensation amount within a period of four months from the order. However, acquiring body failed to comply the instructions. Hence the applicants moved contempt proceedings bearing Contempt Petition No.199 of 2022. 4. Mr. N. J. Pahune Patil, learned Advocate for the applicants was at pains to submit that it is only after the initiation of Contempt Proceedings, the First Appeal is preferred by the Acquiring Body to challenge all the orders passed by this Court, the Reference Court and the Lok Adalat. 3 937-ca-10132-2026 He would submit that pursuant to the orders passed by this Court, the Acquiring Body has deposited 75% of the award amount. He submits that a portion of that is already withdrawn by the applicants. Vide prayer clause “B” of the application, a prayer is sought to allow the applicants to withdraw the balance amount of compensation with interest. 5. So far as the sequence of facts is concerned, Mr. S. G. Bhalerao, learned Advocate for the Acquiring Body would fairly concedes the same. He would further submits that the Acquiring Body still has a case on merits to demonstrate that the impugned judgment and award passed by the Reference Court was amenable to challenge in the present First Appeal. 6. May it be, considering the facts quoted above, I deem it appropriate to allow the present application partly. Hence, I pass following order: ORDER a. Civil Application stands partly allowed. b. The applicants are permitted to withdraw the balance amount pending in this Court deposited by the Acquiring Body on furnishing usual undertaking to the satisfaction of the learned Registrar (Judicial) of this Court. c. Needless to mention, the withdrawal shall carry interest accrued thereon. 4 937-ca-10132-2026 d. The appellant/Acquiring Body shall deposit the balance 25% award amount in this Court together with interest accrued thereon and costs within six weeks from today. e. The prayer clause “B” of the application shall be considered on further occasion. f. Place the First Appeal for further consideration on 05.10.2026. g. Call Record and Proceedings. ( AJIT B. KADETHANKAR, J. ) Rushikesh/2026