Appa Baba Kawade v. the State of Mahrashtra and Ors.
Case brief
What is this about?
Land acquisition compensation withdrawal; deposit by acquiring body (Executive Engineer, M.I.D. No. 2, Osmanabad); 75:25 withdrawal formula — 75% on undertaking, 25% on solvent security/surety to Registrar (Judicial); identically situated claimants from same project/notification; reliance on earlier order dated 02.05.2025 in Civil Application No. 4328/2025 (Mohan Limba Kawade vs. State of Maharashtra); condonation of delay of 283 days in filing first appeal F.A.S.T./25756/2023 subject to costs of Rs. 2,000/- to Bar Library, Advocates' Association, Bombay HC Aurangabad Bench; confirmation of interim relief dated 09.11.2023 upon deposit of entire award amount with interest; Prafulla S. Khubalkar, J.; neutral citation 2025:BHC-AUG:14733.
What did the court decide?
All three civil applications disposed of: (i) Civil Application No. 4331 of 2025 allowed on the terms of the order dated 02.05.2025 in Civil Application No. 4328 of 2025 — claimant permitted to withdraw the entire deposited amount with accrued interest, 75% on usual undertaking to the Registrar (Judicial) and 25% on solvent security/surety to the Registrar (Judicial); (ii) Civil Application No. 13825 of 2023 — delay of 283 days in filing the first appeal condoned subject to costs of Rs. 2,000/- payable by the appellant to the Bar Library of the Advocates' Association of Bombay High Court, Bench at Aurangabad, within four weeks; (iii) Civil Application No. 13826 of 2023 — interim relief of order dated 09.11.2023 confirmed.