Executive Engineer, Kadwa Canal Project, Nashik vs Harshal Ramesh Gunjal and Ors. — Bombay HC (2025) — LawSathi Research

Executive Engineer, Kadwa Canal Project, Nashik vs Harshal Ramesh Gunjal and Ors. — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Interim order only: (i) delay in filing the first appeal condoned and Interim Application No. 7960 of 2025 allowed in terms of prayer clause (b); (ii) First Appeal (ST) No. 8511 of 2025 admitted (final hearing pending); (iii) Interim Application No. 7961 of 2025 allowed — interim stay of execution of the impugned award subject to deposit of the entire amount as per the impugned order within twelve weeks, failing which the respondents (claimants) may execute the impugned order; on deposit, claimants may withdraw 50% against the usual undertaking and the remaining 50% against a bank guarantee to the satisfaction of the executing court.

Issue for consideration

Whether the delay in filing the first appeal against the order granting enhancement of compensation should be condoned (Interim Application No. 7960 of 2025). +1 more

Court's answer

Delay in filing the first appeal is condoned and Interim Application No. 7960 of 2025 is allowed in terms of prayer clause (b).

Ratio / Principle

First Appeal (ST) No. 8511 of 2025 is admitted.

Key takeaways

Interim stay of execution of the impugned award is granted subject to the appellant depositing the entire amount as per the impugned order within twelve weeks, in terms of prayer clause (b).ratio¶40
If the amount is not deposited within twelve weeks, the respondents (claimants) shall be entitled to execute the impugned order.ratio¶41
On deposit, the respondents-claimants are permitted to withdraw 50% of the amount so deposited, subject to filing the usual undertaking that the amount shall be brought back as directed by this Court or the executing court.

Detailed headnote1 paragraphs

Bombay High Court (Civil Appellate Jurisdiction), Gauri Godse J, 10 October 2025 — First Appeal (ST) No. 8511 of 2025, Executive Engineer, Kadwa Canal Project, Nashik Division v. Harshal Ramesh Gunjal and Others (with Interim Applications Nos. 7960 and 7961 of 2025). Interim order: delay in filing the first appeal against the order granting enhancement of compensation in the Land Acquisition Reference was condoned and IA 7960/2025 allowed in terms of prayer clause (b); the appeal was admitted. Execution of the impugned award was stayed subject to deposit of the entire amount as per the impugned order within twelve weeks (IA 7961/2025 allowed in terms of prayer clause (b)); failing deposit, the respondents (claimants) are entitled to execute the impugned order; upon deposit, the claimants may withdraw 50% against the usual undertaking to bring the amount back as directed by this Court or the executing court, and the remaining 50% on furnishing a bank guarantee to the satisfaction of the executing court.

901-FAST-8511-2025.docx

rrpillai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL (ST) NO. 8511 OF 2025 WITH

INTERIM APPLICATION NO. 7960 OF 2025 (Condonation of Delay) WITH INTERIM APPLICATION NO. 7961 OF 2025 (Stay Application)

Executive Engineer … Applicant/Appellant Kadwa Canal Project Nashik Division

Vs.

Harshal Ramesh Gunjal and Others… Respondents

Ms. Chaitrali Deshmukh for the Applicant/Appellant. Mr. Sachin Gite for the Respondents.

Mr. D. J. Haldankar, AGP for the Respondent -State.

CORAM : GAURI GODSE, J.

DATE : 10^th OCTOBER 2025

ORDER :

Interim Application No. 7960 of 2025

This application is for condonation of delay in filing the

first appeal. First Appeal is filed to challenge the order granting enhancement of compensation in Land Acquisition Reference. Learned counsel for the applicant submits that

the reasons for the delay are explained in paragraph 5 of the

application.

Digitally signed RAJESHWARI by RAJESHWARIRAMESH PILLAI RAMESH PILLAI Date:2025.10.27 03:59:05 +0200

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901-FAST-8511-2025.docx

The respondents (claimants) are served and are

represented through advocate.

In the facts and circumstances of the case and for the

reasons stated in the application, delay is condoned and the application is allowed in terms of prayer clause (b).

First Appeal (St) No. 8511 of 2025

Admit.

Learned Advocate for the respective respondents

waive service.

Call for records and proceedings.

Printing is dispensed with.

Learned advocate for the appellants shall file a private

paper book within a period of one year from today.

9. Office objections, if any, shall be removed within a

period of eight weeks from today.

Interim Application No. 7961 of 2025

This application is for stay to the execution of the impugned award. Respondents (claimants) are served and are represented through Advocate. This court has already

granted ad-interim stay subject to depositing the entire

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901-FAST-8511-2025.docx

amount in the executing court. If the amount is not yet deposited, the same shall be deposited within twelve weeks from today. Subject to depositing the entire amount as per the impugned order within twelve weeks from today, there will be interim stay in terms of prayer clause (b).

It is clarified that if the amount is not deposited, the respondents (claimants) shall be entitled to execute the impugned order.

If the amount is deposited, the respondents-claimants shall be permitted to withdraw 50% of the amount so deposited subject to filing usual undertaking stating that the amount shall be brought back by the claimants as would be directed by this court or the executing court as the case may be. So far as the remaining 50% is concerned, the claimants shall be permitted to withdraw the same on furnishing the bank guarantee to the satisfaction of the executing court.

Interim Application is allowed in the aforesaid terms.

[GAURI GODSE, J.]

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