Bombay High Court
YOGRAJ JANRAO PATIL AND ORS.versusTHE STATE OF MAHARASHTRA, THROUGH THE COLLECTOR, JALGAON AND ORS.
- Disposal
- Admitted/Allowed/Granted/Rule Absolute
Holding
The court allowed the applicants to withdraw 50% of the award amount deposited, subject to an undertaking and interest, and ordered verification of applicant No.1's identity.
Summary
The applicants, Yograj Janrao Patil and others, appealed against a judgment and award dated 02.03.2020 in a land acquisition case, seeking to withdraw a portion of the compensation deposited by the acquiring body. The acquiring body had previously deposited 78% of the award amount in the High Court after an earlier appeal, while 22% had been deposited in the trial court and already withdrawn. The applicants argued that a similar case allowed a 75% withdrawal and cited a discrepancy in the name of applicant No.1. The court considered the applicants' right to adequate compensation and the need to verify identity, and partially allowed the application, permitting withdrawal of 50% of the deposited amount subject to an undertaking and interest. The related civil application (No. 2268 of 2022) was disposed of, confirming the acquiring body’s full deposit.
Issues considered
- What portion of the award amount deposited by the acquiring body may be withdrawn by the applicants?
- Whether the discrepancy in the name of applicant No.1 affects the withdrawal request.
- Whether the court should impose conditions such as an undertaking and interest on the withdrawn amount.
Subjects
- land acquisition
- compensation
- withdrawal of award
- civil application
- interest
- identity verification
Judgment
2026:BHC-AUG:43164
1
45 CA 10172 OF 2026
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
45 CIVIL APPLICATION NO. 10172 OF 2026
IN FA/266/2022
YOGRAJ JANRAO PATIL AND ORS.
VERSUS
THE STATE OF MAHARASHTRA, THROUGH THE
COLLECTOR, JALGAON AND ORS.
...
Mr. A. A. Pawar, Advocate for Applicants
Mr. S. P. Sonpawale, AGP for Respondent Nos.1 and 2 – State
Mr. A. D. Pawar, Advocate for Respondent Nos.3 and 4
WITH
CIVIL APPLICATION NO. 2268 OF 2022
IN FA/266/2022
THE EX. ENGINEER, M.I.W. JALGAON AND ORS
VERSUS
YOGRAJ JANRAO PATIL AND ORS
WITH
CIVIL APPLICATION NO. 2272 OF 2022
IN FA/269/2022
THE EX. ENGINEER, M.I.W. JALGAON AND ORS
VERSUS
VASANT SAMPAT DESHMUKH
…
CORAM : AJIT B. KADETHANKAR, J.
DATED : 21st September 2026
P.C. :-
CIVIL APPLICATION NO. 10172 OF 2026
. Feeling aggrieved by the judgment and award dated
02.03.2020 passed by the learned Joint Civil Judge, Senior
Division, Jalgaon in Land Acquisition Reference No.596 of
2
45 CA 10172 OF 2026
2009, the acquiring body has preferred this appeal. In the first
appeal, pursuant to the order passed by this Court, the
acquiring body has deposited 78% of the award amount
granted by the Reference Court. The present Civil Application
is filed seeking withdrawal of the said amount.
2. Mr. A. A. Pawar, learned Advocate for the
applicants/claimants relies on order dated 05.05.2026 passed
by this Court in Civil Application No.5342 of 2026 in First
Appeal Stamp No.26857 of 2025. He would submit that in
identical circumstances, this Court permitted the applicants
therein to withdraw 75% of the award amount. He would
submit that there is a slight variance in the name of applicant
No.1 as shown in the award and as shown in the Aadhaar
Card. He would submit that under the same tune, the present
application be allowed.
3. Mr. A. D. Pawar, learned Advocate for the acquiring
body submits that the acquiring body has deposited 22% of
the award amount in the Trial Court, which is already
withdrawn by the claimants/applicants. He would submit that
the amount deposited in this Court varies amongst 78% of
total payable award amount.
3
45 CA 10172 OF 2026
4. Considering the controversy and the right of the
applicants to receive adequate compensation, I deem it
appropriate to allow the present application partly.
ORDER
I. Civil Application is partly allowed.
II. The applicants are permitted to withdraw
50% of the award amount deposited by the
acquiring body in this Court by furnishing an
undertaking to the satisfaction of learned
Registrar (Judicial) of this Court. Suffice to
note, withdrawal shall carry the interest accrued
thereon.
III. The learned Registrar (Judicial) of this
Court is requested to confirm the identify of
applicant No.1.
CIVIL APPLICATION NO. 2268 OF 2022
. Taking on record the submission of Mr. A. D. Pawar,
learned Advocate for the acquiring body that the entire
amount is deposited by the acquiring body, partly in the
Reference Court and partly in this Court, stay granted earlier
is made absolute.
2. Civil Application stands disposed of.
( AJIT B. KADETHANKAR, J. )
PRW
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