The Executive Engineer Jalgaon Medium Project Division Jalgaon v. Laxman Budha Borase
Case brief
What is this about?
Interlocutory order at first-appeal stage in land-acquisition compensation matter (FAST/528/2023; FA Nos.1869 & 1870 of 2025; Bombay HC Aurangabad; Shailesh P. Brahme, J.; 10.12.2025). Key points: substitution of legal heirs after death of sole claimant Laxman Budha Borase (CA 13678/2025 allowed, prayer clauses B and C); condonation of 198-day delay by acquiring body (Executive Engineer, Jalgaon Medium Project Division) in filing first appeal; admission of appeals with waiver of notice and call for Record & Proceedings; conditional interim disbursement of Rs.13,53,088/- (50% on undertaking with accrued interest, 25% on solvent security to Registrar (Judicial)'s satisfaction, balance in nationalized bank) following coordinate-Bench practice of 75% release. No statutes or named precedents cited.
What did the court decide?
Civil Application No.13678 of 2025 allowed in terms of prayer clauses 'B' and 'C' (legal heirs of deceased claimant brought on record; delay condoned; leave to correct prayer clause); delay of 198 days in preferring the first appeal condoned; First Appeals Nos.1869 and 1870 of 2025 admitted with notices waived for respondent-State and respondent Nos.1 to 5 and Record & Proceedings called; withdrawal application allowed partly - 50% of Rs.13,53,088/- releasable on furnishing undertaking with accrued interest and 25% on furnishing solvent security/security to the satisfaction of the Registrar (Judicial), balance to be invested in any nationalized bank.