Bombay High Court
Supriya Kishor Aadkar And Ors vs The Executive Engineer, Central ... on 23 September, 2025
2025:BHC-AUG:26129
961-CA-9562-2025+
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
961 CIVIL APPLICATION NO. 9562 OF 2025 (for withdrawal)
IN FAST/17623/2019
SUPRIYA KISHOR AADKAR AND OTHERS
VERSUS
THE EXECUTIVE ENGINEER, CENTRAL RAILWAY, PUNE AND ORS
...
Advocate for the Applicants : Mr. M. S. Karad
Advocate for Respondent No.1 : Mr. M. N. Navandar
AGP for Respondent Nos. 2 and 3 : Mr. S. P. Joshi
...
WITH CIVIL APPLICATION NO. 9502 OF 2019
IN/WITH FAST/17623/2019
(for delay condonation)
THE EXECUTIVE ENGINEER, CENTRAL RAILWAY, PUNE AND ANR
VERSUS
SUPRIYA D/O KISHOR AADKAR AND OTHERS
...
Advocate for the Applicants : Mr. M. N. Navandar
Advocate for Respondent Nos. 1 and 2 : Mr. M. S. Karad
AGP for Respondent No.3 : Mr. S. P. Joshi
...
WITH CIVIL APPLICATION NO. 9504 OF 2019 IN/WITH
FAST/17620/2019
(for delay condonation)
THE EXECUTIVE ENGINEER, CENTRAL RAILWAY, PUNE AND ANR
VERSUS
BAPURAO DATTOBA GAIKWAD AND OTHERS
...
Advocate for the Applicants : Mr. M. N. Navandar
AGP for Respondent No.3 : Mr. S. P. Joshi
...
961-CA-9562-2025+
-2-
WITH CIVIL APPLICATION NO. 9506 OF 2019 IN/WITH
FAST/17617/2019
(for delay condonation)
THE EXECUTIVE ENGINEER, CENTRAL RAILWAY, PUNE AND ANR
VERSUS
KISAN CHIMAJI KALE AND OTHERS
...
Advocate for the Applicants : Mr. M. N. Navandar
AGP for Respondent No.3 : Mr. S. P. Joshi
...
WITH CIVIL APPLICATION NO. 9508 OF 2019 IN/WITH
FAST/17613/2019
(for delay condonation)
THE EXECUTIVE ENGINEER, CENTRAL RAILWAY, PUNE AND ANR
VERSUS
SUDAM TATYA SHELKE AND ANOTHER
...
Advocate for the Applicants : Mr. M. N. Navandar
AGP for Respondent No.2 : Mr. S. P. Joshi
...
WITH CIVIL APPLICATION NO. 9510 OF 2019 IN/WITH
FAST/17610/2019
(for delay condonation)
THE EXECUTIVE ENGINEER, CENTRAL RAILWAY, PUNE AND ANR
VERSUS
HARIBHAU BHAGUJI SHINDE AND ANOTHER
...
Advocate for the Applicants : Mr. M. N. Navandar
AGP for Respondent No.2 : Mr. S. P. Joshi
...
WITH CIVIL APPLICATION NO. 9512 OF 2019 IN/WITH
FAST/17607/2019
(for delay condonation)
THE EXECUTIVE ENGINEER, CENTRAL RAILWAY, PUNE AND ANR
VERSUS
BHAGUJI KISAN DIGHE AND ANOTHER
961-CA-9562-2025+
-3-
...
Advocate for the Applicants : Mr. M. N. Navandar
AGP for Respondent No.2 : Mr. S. P. Joshi
...
WITH CIVIL APPLICATION NO. 9514 OF 2019 IN/WITH
FAST/17628/2019
(for delay condonation)
THE EXECUTIVE ENGINEER, CENTRAL RAILWAY, PUNE AND ANR
VERSUS
BANSI S/O MOHAN GAIKWAD AND OTHERS
...
Advocate for the Applicants : Mr. M. N. Navandar
AGP for Respondent No.4 : Mr. S. P. Joshi
...
WITH CIVIL APPLICATION NO. 9516 OF 2019 IN/WITH
FAST/17604/2019
(for delay condonation)
THE EXECUTIVE ENGINEER, CENTRAL RAILWAY, PUNE AND ANR
VERSUS
NANDABAI ASHOK GHODE AND ANOTHER
...
Advocate for the Applicants : Mr. M. N. Navandar
AGP for Respondent No.2 : Mr. S. P. Joshi
...
WITH CIVIL APPLICATION NO. 9518 OF 2019 IN/WITH
FAST/17601/2019
(for delay condonation)
THE EXECUTIVE ENGINEER, CENTRAL RAILWAY, PUNE AND ANR
VERSUS
GANGARAM S/O NIVRUTTI GADE AND OTHERS
...
Advocate for the Applicants : Mr. M. N. Navandar
AGP for Respondent No.3 : Mr. S. P. Joshi
...
961-CA-9562-2025+
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WITH CIVIL APPLICATION NO. 9520 OF 2019 IN/WITH
FAST/17426/2019
(for delay condonation)
THE EXECUTIVE ENGINEER, CENTRAL RAILWAY, PUNE AND ANR
VERSUS
SUBHASH S/O DIGAMBER SHELKE AND OTHERS
...
Advocate for the Applicants : Mr. M. N. Navandar
AGP for Respondent No.7 : Mr. S. P. Joshi
...
WITH CIVIL APPLICATION NO. 9522 OF 2019 IN/WITH
FAST/17597/2019
(for delay condonation)
THE EXECUTIVE ENGINEER, CENTRAL RAILWAY, PUNE AND ANR
VERSUS
VIKRAM S/O RANGNATH SHELKE AND OTHERS
...
Advocate for the Applicants : Mr. M. N. Navandar
AGP for Respondent No.3 : Mr. S. P. Joshi
...
CORAM : ABHAY S. WAGHWASE, J.
DATED : 23 SEPTEMBER 2025
PER COURT :-
Civil Applications for condonation of delay :
1. The applicants-acquiring body has preferred these applications,
praying therein to condone the delay of 401 days caused in filing
respective First Appeals against the order of the learned Reference
Court, mainly on the ground that the computation of compensation
by the learned Reference Court is not on the basis of settled principles
of law.
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2. For the reasons mentioned in the applications, the same are
allowed in terms of prayer "B". Delay stands condoned. Registry to
register the respective First Appeals.
First Appeals :
3. Heard.
4. Admit.
5. Call record and proceedings.
Civil Application for withdrawal of amount :
6. Civil Application No. 9562 of 2025 is filed seeking withdrawal
of amount deposited by respondent acquiring body in this Court.
7. Heard learned counsel Mr. M. S. Karad for the applicants-
claimants, learned counsel Mr. M. N. Navandar for respondent-
acquiring body and learned AGP Mr. S. P. Joshi for the respondent-
State.
8. Learned counsel for the applicants-claimants submits that the
applicants' land is acquired by respondent no.1 by way of Notification
under Section 4(1) of the Land Acquisition Act which was published
on 18.12.2008. Since then the applicants have not received
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compensation in respect of their lands. Reference Court has enhanced
the amount of compensation of the applicants' land. The said
judgment and order is challenged by respondent nos. 1 and 2 before
this Court. That, the applicants are poor farmers and they need the
amount for daily expenses. Hence request to allow the application.
9. Learned counsel for the respondent-acquiring body submits
that, learned Reference Court has awarded exorbitant compensation,
which is impugned by respondent nos. 1 and 2 by way of Appeals.
That, if the applicants-claimants are permitted to withdraw the
amount and respondent nos. 1 and 2 succeed in the Appeals, it will be
difficult for respondent nos. 1 and 2 to recover the amount. However,
learned counsel pointed out that, in a group of similar matters, by
order dated 26.09.2022 passed in Civil Application No. 13389 of 2022
in First Appeal No. 3781 of 2018 with connected applications, this
Court has allowed the claimants therein to withdraw 50% amount out
of the 50% amount deposited along with accrued interest thereon. A
copy of the said order is also placed on record.
10. Admittedly, land of the applicants is acquired by way of
Notification under Section 4(1) of the Land Acquisition Act which was
published on 18.12.2008. The applicants have not received any
compensation about their acquired land. Hence, the following order is
passed :
ORDER
(i) Civil Application No. 9562 of 2025 is partly allowed.
961-CA-9562-2025+
(ii) The applicants-claimants are permitted to withdraw 50%
amount out of the amount deposited in this Court, along with interest
accrued thereon, i.e. 25% on furnishing undertaking and 25% on
furnishing solvent surety/security to the satisfaction of the Registrar
(Judicial) of this Court.
(iii) The remaining 50% amount be invested in Fixed Deposit with
any Nationalized Bank till disposal of the First Appeal.
[ABHAY S. WAGHWASE, J.]
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