Allowed¶25

The State of Maharashtra through the Executive Engineer and Anr. v. Dhanaji Pandurang Pawale and Anr.

Bombay HC17 Dec 2025IA/12977/2024

Case brief

AI extract

What is this about?

Condonation of delay; First Appeal (ST) No. 25125 of 2023; land acquisition; enhanced compensation; Reference Court award; withdrawal of 50% of deposited amount with accrued interest; usual undertaking; State of Maharashtra through Executive Engineer; Dhanaji Pandurang Pandurang Pawale; exorbitant and excessive compensation objection left for final hearing; Bombay High Court Circuit Bench Kolhapur; Shivkumar Dige, J.; interim applications disposed of.

What did the court decide?

Delay in filing First Appeal (ST) No. 25125 of 2023 condoned and appeal directed to be registered (IA ST No. 25126 of 2023); applicants in IA No. 11258 of 2025 permitted to withdraw 50% of the deposited amount with accrued interest thereon on furnishing usual undertaking; both applications disposed of. ¶25

The State of Maharashtra through the Executive Engineer and Anr. vs Dhanaji Pandurang Pawale and Anr. — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the delay in filing First Appeal (ST) No. 25125 of 2023 by the State of Maharashtra should be condoned (the application seeks condonation of delay of 307 days). +1 more

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Court's answer

In IA ST No. 25126 of 2023, the delay in filing the appeal is condoned and the condonation application is allowed and disposed of.

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Ratio / Principle

The First Appeal (ST) No. 25125 of 2023 is directed to be registered.

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Key takeaways

In IA No. 11258 of 2025, the application is allowed; the applicants are permitted to withdraw 50% of the deposited amount together with accrued interest thereon, on furnishing the usual undertaking.ratio¶38-39
The permission to withdraw 50% of the amount does not mean that the Court is considering the claim made by the respondents before the Reference Court.ratio¶40
The grounds raised by the respondent-State (that the Reference Court awarded exorbitant and excessive compensation) are left to be considered at the time of final hearing of the appeal.

Detailed headnote1 paragraphs

Bombay High Court, Circuit Bench at Kolhapur (Shivkumar Dige, J.), 17-12-2025 — Interim applications in First Appeal (ST) No. 25125 of 2023, the State's appeal against a Reference Court award of enhanced compensation in a land-acquisition matter. (i) IA ST No. 25126 of 2023 (State): delay in filing the appeal condoned — the application sought condonation of 307 days while the order records 'the delay of 30 days is condoned' — and the appeal directed to be registered. (ii) IA No. 11258 of 2025 (Dhanaji Pandurang Pawale & Anr., landowners): since the acquired land stands transferred and the State has deposited the entire enhanced amount, the applicants are permitted to withdraw 50% of the deposited amount with accrued interest thereon on furnishing the usual undertaking; the Court clarified that this permission does not amount to consideration of the claim made before the Reference Court, and the State's objection that the Reference Court awarded 'exorbitant and excessive compensation' is left open for the final hearing of the appeal.

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152-IA-11258-2025 (C).DOC

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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CIRCUIT BENCH AT KOLHAPUR

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CIVIL APPELLATE JURISDICTION

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INTERIM APPLICATION ST NO. 25126 OF 2023

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FIRST APPEAL(ST) NO. 25125 OF 2023

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The State Of Maharashtra

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(thr. The Executive Engineer) ...Applicants Versus

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Dhanaji Pandurang Pawale And Anr. ...Respondents

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WITH INTERIM APPLICATION NO. 11258 OF 2025

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FIRST APPEAL(ST) NO. 25125 OF 2023

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Dhanaji Pandurang Pawale And Anr. ...Applicants Versus

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The State Of Maharashtra (thr. The Executive Engineer) ...Respondent

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Mr. Vaibhav R. Gaikwad in IA 11258/2025 Mr. S. H. Yadav, AGP for the State in IAST 25126/2025

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CORAM : SHIVKUMAR DIGE, J. DATE : 17^th DECEMBER, 2025.

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P.C.

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INTERIM APPLICATION ST NO. 25126 OF 2023:

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1. Heard learned counsel for the applicant-State. By this

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application, the applicant is seeking condonation of delay of 307 days in filing the appeal.

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Page 1 of 3

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Iresh

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152-IA-11258-2025 (C).DOC

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Considering the submissions of the learned counsel for the applicant and the reasons mentioned in the application, the delay of 30 days is condoned. The application is allowed and disposed off.

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The Appeal be registered.

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INTERIM APPLICATION NO. 11258 OF 2025:

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Heard learned counsel for the applicant and learned counsel for the respondent-State.

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It is contention of learned counsel for applicant that the land of the applicant is acquired by the respondent-State. The respondentState has deposited entire enhanced amount. The applicant needs the amount for his daily expenses. Hence, requested to allow the application.

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Learned counsel for the respondent-State objected to allow the application on the ground that Reference Court has awarded exorbitant and excessive compensation. Hence, requested to reject the application.

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I have heard both learned counsels. Considering the submissions of both the counsels as well as land of the applicant is already acquired, the grounds raised by the respondent-State can be

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Page 2 of 3

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Iresh

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152-IA-11258-2025 (C).DOC

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considered at the time of final hearing of the appeal. Hence, I pass following order:

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O R D E R

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