Bombay High Court
RAJARAM NANA INGALE DIED THR LRS KANTABAI RAJARAM INGALEversusThe State of Maharashtra Thr Collector Osmanabad
- Disposal
- Admitted/Allowed/Granted/Rule Absolute
Holding
The court allowed the withdrawal of the award amount in stages, subject to undertakings and surety, and disposed of the civil application.
Summary
The legal representatives of the deceased Rajaram Nana Ingale filed a civil application seeking withdrawal of the award amount deposited by the acquiring body and a stay to the execution of a 2016 award concerning land acquisition. The land had been compulsorily acquired, depriving the claimants of their sole livelihood, and the dispute centered on the rate of interest applicable to the award. The High Court, after considering the circumstances, permitted the applicants to withdraw 50% of the deposited award upon furnishing a regular undertaking, and a further 25% upon providing a solvent surety, with the remaining balance to be kept in a fixed deposit in a nationalised bank. The court ordered the civil application to be disposed of, effectively allowing the withdrawal arrangement. No specific statutes or precedents were cited in the judgment.
Issues considered
- Whether the applicants are entitled to withdraw portions of the award amount pending interest determination
- Whether a stay to the execution of the 2016 award is warranted
Subjects
- land acquisition
- award withdrawal
- interest rate
- civil application
- execution stay
- fixed deposit
Judgment
2026:BHC-AUG:45716
937-CA-10954-26.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CIVIL APPLICATION NO. 10954 OF 2026
IN
FIRST APPEAL (ST) NO. 13619 OF 2023
Rajaram Nana Ingale
(Died) Through L.Rs.
Kantabai Rajaram Ingale and Others ..APPLICANTS
VERSUS
State of Maharashtra and Others ..RESPONDENTS
....
Mr. P.B. Rakhunde, Advocate for Applicants
Mr. K.B. Jadhavar, A.G.P. for Respondent Nos.1 and 2
Mr. S.P. Sonpawale, Advocate for Respondent No.3
....
CORAM : AJIT B. KADETHANKAR, J.
DATE : 23rd SEPTEMBER, 2026
PER COURT :
1. This civil application is filed by the legal representatives of
deceased – Rajaram Nana Ingale for withdrawal of the award amount
deposited by the respondent – acquiring body for stay to the execution of
impugned judgment and award dated 14th January, 2016 passed by the
learned 2nd C.J.S.D., Osmanabad in L.A.R. No. 803 of 2013.
2. It is not in dispute that the land of the deceased – Rajaram is
acquired by the acquiring body. The sole source of livelihood of the claimants
and has family has been taken away under the compulsory land acquisition.
The issue is only in respect of rate of interest.
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937-CA-10954-26.odt
3. Considering the case in totality, I deem it appropriate to allow the
application. The applicants are permitted to withdraw 50% of the total award
amount deposited in this Court on furnishing regular undertaking to the
satisfaction of the Registrar (Judicial) of this Court. They are also permitted
to withdraw further 25% of the total award amount deposited by furnishing
solvent surety to the satisfaction of the Registrar (Judicial) of this Court. The
balance amount be kept in the fixed deposit in any nationalised bank.
4. In view of above, civil application stands disposed of.
( AJIT B. KADETHANKAR, J. )
SSD
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