Bombay High Court
JANARDHAN MAHADU SURASE AND ORS.versusTHE EX. ENGINEER, MINOR IRRIGATION DIV. NO. 1 AURANGABAD AND ANR.
- Disposal
- Admitted/Allowed/Granted/Rule Absolute
Holding
The Court held that the applicants may withdraw the balance amount deposited by the acquiring body, subject to an undertaking, and ordered the acquiring body to deposit the remaining 25% of the award with interest and costs within six weeks.
Summary
The applicants' land was compulsorily acquired and a reference court enhanced the compensation award in 2018, which the acquiring body failed to pay. After an amicable settlement in a Lok Adalat in 2019 also went unfulfilled, the High Court ordered the acquiring body to deposit the full amount, a deadline it missed, leading to contempt proceedings. The acquiring body then filed a first appeal challenging the earlier judgments while the applicants sought to withdraw the balance amount already deposited, with interest. The Court partially allowed the civil application, permitting the applicants to withdraw the deposited balance upon furnishing an undertaking and directing the acquiring body to deposit the remaining 25% of the award with interest and costs within six weeks. The Court also scheduled the first appeal for further consideration.
Issues considered
- Whether the applicants are entitled to withdraw the balance compensation amount already deposited by the acquiring body, with interest.
- Whether the acquiring body must deposit the remaining 25% of the award amount, together with interest and costs, within a specified period.
- Whether the pending first appeal affects the orders regarding withdrawal and deposit of compensation.
Subjects
- Land acquisition
- Compensation enhancement
- Lok Adalat settlement
- Contempt proceedings
- Civil application
- Withdrawal of compensation
- Interest on compensation
- First appeal
Judgment
2026:BHC-AUG:41269
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937-ca-10132-2026
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CIVIL APPLICATION NO. 10132 OF 2026
IN FA/3577/2022
Janardhan Mahadu Surase And Ors.
VERSUS
The Ex. Engineer, Minor Irrigation Div. No. 1 Aurangabad And
Anr.
...
Mr. N. J. Pahune Patil, Advocate for Applicants
Mr. S. N. Kendre, AGP for Respondent-State
Mr. S. G. Bhalerao, Advocate for Respondent no.1
…..
CORAM : AJIT B. KADETHANKAR, J.
DATED : 04TH SEPTEMBER, 2026
P.C. :-
. It is not disputed fact that the applicants’ land was
acquired under the compulsory land acquisition by the
respondent Acquiring Body. An award was passed and
reference proceedings bearing Land Acquisition Reference
Number 557 of 2009 was filed by the claimants seeking
enhancement of compensation before the reference court. By
judgment and award dated 22.02.2018, the reference court
granted escalation. The said order was not challenged by the
Acquiring Body.
2. Since there was no compliance of the enhancement
granted by the Reference Court, the applicants-claimants were
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constrained to set in motion Darkhast proceedings bearing
L.R.D. No.122 of 2019. In the execution proceedings, the
parties arrived at an amicable settlement before the Lok
Adalat held on 13.07.2019, whereby the Acquiring Body
agreed entire amount as per the settlement within a period of
six weeks. However within such period, the said amount was
not deposited nor any extension was sought by the Acquiring
Body.
3. This constrained the applicant to approach this court by
filing Writ Petition No.7158 of 2021. This court by order
dated 02.07.2021 and 13.07.2021 directed the Acquiring
Body to deposit entire compensation amount within a period
of four months from the order. However, acquiring body failed
to comply the instructions. Hence the applicants moved
contempt proceedings bearing Contempt Petition No.199 of
2022.
4. Mr. N. J. Pahune Patil, learned Advocate for the
applicants was at pains to submit that it is only after the
initiation of Contempt Proceedings, the First Appeal is
preferred by the Acquiring Body to challenge all the orders
passed by this Court, the Reference Court and the Lok Adalat.
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He would submit that pursuant to the orders passed by this
Court, the Acquiring Body has deposited 75% of the award
amount. He submits that a portion of that is already
withdrawn by the applicants. Vide prayer clause “B” of the
application, a prayer is sought to allow the applicants to
withdraw the balance amount of compensation with interest.
5. So far as the sequence of facts is concerned, Mr. S. G.
Bhalerao, learned Advocate for the Acquiring Body would
fairly concedes the same. He would further submits that the
Acquiring Body still has a case on merits to demonstrate that
the impugned judgment and award passed by the Reference
Court was amenable to challenge in the present First Appeal.
6. May it be, considering the facts quoted above, I deem it
appropriate to allow the present application partly. Hence, I
pass following order:
ORDER
a. Civil Application stands partly allowed.
b. The applicants are permitted to withdraw
the balance amount pending in this Court
deposited by the Acquiring Body on furnishing
usual undertaking to the satisfaction of the
learned Registrar (Judicial) of this Court.
c. Needless to mention, the withdrawal shall
carry interest accrued thereon.
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d. The appellant/Acquiring Body shall deposit
the balance 25% award amount in this Court
together with interest accrued thereon and costs
within six weeks from today.
e. The prayer clause “B” of the application
shall be considered on further occasion.
f. Place the First Appeal for further
consideration on 05.10.2026.
g. Call Record and Proceedings.
( AJIT B. KADETHANKAR, J. )
Rushikesh/2026
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