Bombay High Court

The Executive Engineer Shina Kolegaon Medium Project and OrsversusDattu Tatya Randil (Died) Through His L Rs Santram and Anr

Disposal: Admitted/Allowed/Granted/Rule Absolute
Bench: S G CHAPALGAONKAR

Holding

The Court allowed withdrawal of 75% of the deposited compensation amount, subject to the applicant furnishing the usual undertaking.

Summary

The applicants, representing the Acquiring Body, filed an application to withdraw the compensation amount deposited with the Court following a land acquisition award. The Acquiring Body had already deposited the full awarded amount, whereas in related sister appeals only 75% had been deposited and the Court allowed withdrawal of the entire amount with interest. The Court examined whether, given the full deposit, the applicants could be permitted to withdraw the same proportion as in the sister cases. It held that only 75% of the deposited amount could be withdrawn, subject to the usual undertaking to the satisfaction of the Registrar. The application was therefore allowed in those terms and the matter was disposed.

Issues considered

What portion of the compensation amount deposited by the Acquiring Body may be withdrawn by the applicants?
Whether the withdrawal should be subject to an undertaking and the Registrar's satisfaction?

Subjects

land acquisition
compensation withdrawal
court order
undertaking
interest
civil procedure

Judgment

2026:BHC-AUG:25894
933 CA 6259 26.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD

933 CIVIL APPLICATION NO. 6259 OF 2026
IN FAST/26718/2024
WITH
CIVIL APPLICATION NO. 11469 OF 2024
IN FAST/26718/2024

DATTU TATYA RANDIL DIED THR LRS SANTRAM DATTU RANDIL
VERSUS
THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR
OSMANABAD
...
Advocate for Claimant : Mr. More Abhijit S
AGP for Respondent nos. 1 & 2 : Mr. Mr. K.S. Hake-Patil
Advocate for Respondent No. 3/Appellant : Mr. G.B. Rajale
...
CORAM : S. G. CHAPALGAONKAR, J.

DATE : 02.07.2026

PER COURT :

ON WITHDRAWAL OF AMOUNT APPLICATION :

1. By this application, the applicants seek to withdraw the amount
deposited by the respondent-Acquiring Body in pursuance of the award
passed by the Reference Court. The Acquiring Body has deposited entire
amount of compensation as per order of this Court passed in Civil
Application 11468/2024. It has brought to the notice of this Court that the
present acquisition pertains to Seena Kolegaon Project in file No.
2009/LNQ/CR/24. The sister appeals arising out of the same acquisition
proceeding are pending before this Court, in which the Acquiring Body has
deposited 75% of the awarded amount and this Court has permitted
withdrawal of the entire amount along with accrued interest, subject to
furnishing usual undertaking.

2. In the light of above, this Court find that in present case, since the
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933 CA 6259 26.odt
Acquiring Body has deposited 100% of the amount, the applicant can be
permitted to withdraw 75% of the deposited amount subject to furnishing
usual undertaking, to the satisfaction of the Registrar (Judicial) of this
Court.

3. In the result, the application is allowed in aforesaid terms.

ON APPLICATION FOR STAY

4. Learned counsel for the applicant points out that the entire awarded
amount has been deposited by the Acquiring Body with the Registry of this
Court, in the result, the application stands allowed in terms of prayer clause
‘B’ and disposed of.

( S. G. CHAPALGAONKAR, J.)

mkd/-

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