1 931-ca-7010-2026 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 7010 OF 2026 IN FAST/30843/2021 Shantabai Trambak Jadhav (died) Thr Lrs Vishwas Died Thr Lrs Ramabai And Ors. VERSUS The Ex. Engineer, M.i.w. (m.i.w.d.) Jalgaon And Anr. ... Mr. B. S. Chondhekar, Advocate for Applicants Mr. S. N. Kendre, AGP for Respondent-State Mr. A. D. Pawar, Advocate for Respondent no.1 ... WITH CIVIL APPLICATION NO. 1903 OF 2022 IN FAST/30843/2021 ….. CORAM : AJIT B. KADETHANKAR, J. DATED : 04TH SEPTEMBER, 2026 P.C. :- CIVIL APPLICATION NO. 7010 OF 2026 . Feeling aggrieved by the judgment and award dated 12.03.2018 passed by learned Reference Court, Jalgaon in Land Acquisition Reference No.62 of 2008, the Acquiring Body has filed the First Appeal. 2. Pursuant to the order dated 17.02.2022 passed by this Court, the Acquiring Body has deposited 75% of the award amount. The said condition was imposed while staying the 2026:BHC-AUG:41262 2 931-ca-7010-2026 execution and operation of the impugned judgment and award. 3. Now, this application is moved by the original claimants seeking withdrawal of the deposited amount. 4. It is submitted that the claimants are the land losers and their sole source of livelihood has been acquired under the compulsory acquisition. The Reference Court has considered the escalation on the basis of the evidence placed before the Court. There is no exaggeration in the enhancement of the award amount. In view of this, a prayer is made to allow the applicants to withdraw the entire amount. 5. It is a matter of record that, considering the merits of the appeal, this Court has directed the Acquiring Body to deposit only 75% of the award amount. In view of this, I find no reason to allow the application in its entirety; however, the application can be allowed subject to appropriate conditions. 6. Mr. A. D. Pawar, learned Advocate for the Acquiring Body, submits that, however, the entire 100% award amount has been deposited by the acquiring body, out of which 36% has already been withdrawn by the claimants from the Reference Court. 3 931-ca-7010-2026 7. In view of this, I deem it appropriate to pass the following order: ORDER a. Civil Application stands partly allowed. b. The applicants are permitted to withdraw 50% of the amount alongwith accrued interest deposited by the acquiring Body in this Court by furnishing usual undertaking to the satisfaction of the learned Registrar (Judicial) of this Court. c. The application stands disposed of. CIVIL APPLICATION NO. 1903 OF 2022 . This application is filed seeking condonation of delay of 1254 days caused in filing the First Appeal. 2. Mr. A. D. Pawar, learned Advocate would submit that the grounds for condonation of delay are descriptively mentioned in paragraph Nos. 2 to 7 of the application. It is submitted that the delay is neither deliberate nor intentional. However, the delay has been caused only due to administrative exigencies which were beyond the control of the Acquiring Body. He would place reliance on 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]. 4 931-ca-7010-2026 3. There is another aspect of the matter. The amount, as directed by this Court, has been deposited by the Acquiring Body in this Court. A portion of the award amount has also been allowed to be withdrawn by the claimants. In view of this, I find that a case is made out to allow the application. Hence, the following order: ORDER a. Civil Application stands allowed. b. The delay of 1254 days caused in filing the First Appeal stands condoned. c. Civil Application stands disposed of. d. Appeal be registered. FIRST APPEAL ST. NO.30843 OF 2021 . Issue notice to the respondents. Mr. B. S. Chondhekar, learned Advocate waives service of notice for all the respondents. 2. Call for record and proceedings. 3. Stand over to 05.10.2026. ( AJIT B. KADETHANKAR, J. ) Rushikesh/2026