Bombay High Court
SANTOSH GAJMAL PATIL AND ANR.versusTHE EX. ENGINEER, MINOR IRRIGATION DIVISION, JALGAON AND ANR.
- Disposal
- Admitted/Allowed/Granted/Rule Absolute
Holding
The Court permitted amendment of the appeal’s title clause and allowed the claimant to withdraw the entire deposited amount with interest, finding the rider adequate to protect the Acquiring Body’s interest.
Summary
The Acquiring Body appealed a 2018 land acquisition award, and the High Court stayed execution, requiring a 75% deposit of the compensation. The claimant, a land looser, filed a civil application to withdraw the deposited amount, arguing that the court's rider sufficiently protected the Acquiring Body's interest. The Court held that the rider was adequate and allowed the claimant to withdraw the entire deposited sum with interest upon furnishing a standard undertaking. In a related application, the original respondent sought to amend the title clause of the first appeal after the death of a co‑respondent, and the Court permitted the amendment. All applications were allowed and disposed of accordingly.
Issues considered
- Whether the appellant may amend the title clause of the first appeal due to the death of a respondent.
- Whether the claimant may withdraw the amount deposited by the Acquiring Body under the court‑imposed rider.
- Whether the rider requiring a 75% deposit sufficiently protects the Acquiring Body's interest.
Subjects
- land acquisition
- compensation
- court rider
- withdrawal of deposited amount
- amendment of appeal
- death of party
- civil application
- interest on deposit
Judgment
2026:BHC-AUG:42873
1
933-ca-10787-2026
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CIVIL APPLICATION NO. 10787 OF 2026
IN FA/2884/2021
Santosh Gajmal Patil And Anr.
VERSUS
The Ex. Engineer, Minor Irrigation Division, Jalgaon And Anr.
...
Mr. B. S. Chondhekar, Advocate for Applicants
Mr. K. B. Jadhavar, AGP for Respondent-State
Mr. Pratik Borge h/f Mr. A. D. Pawar, Advocate for
Respondent No.1
...
WITH
CIVIL APPLICATION NO. 10789 OF 2026IN FA/2884/2021
WITH
CIVIL APPLICATION NO. 2784 OF 2020 IN FA/2884/2021
WITH
CIVIL APPLICATION NO. 10788 OF 2026IN FA/2884/2021
WITH
CIVIL APPLICATION NO. 9575 OF 2026IN FA/2884/2021
…..
CORAM : AJIT B. KADETHANKAR, J.
DATED : 16TH SEPTEMBER, 2026
P.C. :-
CIVIL APPLICATION NO. 10788 OF 2026
. For the reasons stated in the application, the same
stands allowed in terms of prayer clause “B”.
2. Delay caused in bringing the legal representatives of
deceased Bhagabai Gajmal Patil on record stands condoned.
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933-ca-10787-2026
CIVIL APPLICATION NO. 10787 OF 2026
. In the First Appeal filed by the Acquiring Body, present
Civil Application is filed by the original respondent no.1. It is
contended that during pendency of the appeal, the original
respondent no.2 Bhagabai Patil is expired. That, the applicant
no.1/original respondent no.1 Santosh Patil is sole legal
representative of deceased Bhagabai Patil. With this
submission, a prayer is made to direct the appellant to amend
the title clause of the appeal and the applications therein.
2. For the reasons stated in the application, the application
stands allowed. The appellant to amend the title clause of the
First Appeal and applications therein forthwith.
CIVIL APPLICATION NO. 10789 OF 2026
. Feeling aggrieved by the judgment and award dated
14.05.2018 passed by learned Civil Judge Senior Division,
Jalgaon in Land Acquisition Reference No.404 of 2009, the
Acquiring Body has filed the First Appeal.
2. While seeking stay to the execution and operation of the
impugned judgment and award, the Acquiring Body seems to
have been convinced this Court that the award was excess
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933-ca-10787-2026
atleast by 25%. In view of this, this Court granted stay to the
execution and operation of the impugned judgment and
award imposing rider on the Acquiring Body to deposit 75% of
the awarded compensation. Accordingly, 75% of the payable
award amount is deposited by the Acquiring Body in this
Court.
3. Now, this Civil Application is filed by the claimant to
permit him to withdraw the amount deposited by the
Acquiring Body in this Court. It is an admitted fact that
claimant is the land looser whose sole source of livelihood has
been acquired by the Acquiring Body under compulsory
acquisition. It cannot be disputed that he is entitled for
compensation against the acquisition. The only dispute could
be as regards to the quantum of compensation. I find that
considering the rider imposed by this Court to deposit only
75% amount, I am of the view that the interest of the
Acquiring Body is already well protected by this Court. In
view of this, I find that the application could be allowed in
following terms in the interest of justice. Hence, following
order:
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933-ca-10787-2026
ORDER
a. Civil Application stands allowed.
b. Applicant/claimant is permitted to
withdraw entire amount deposited by the
Acquiring Body in this Court by furnishing usual
undertaking to the satisfaction of the learned
Registrar (Judicial) of this Court.
c. Needless to mention, the withdrawal shall
carry interest accrued on the said amount.
d. Civil Application stands disposed of.
( AJIT B. KADETHANKAR, J. )
Rushikesh/2026
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