Bombay High Court
YADAV PANDURANG TAMBEversusTHE EXECUTIVE ENGINEER, IRRIGATION PROJECT MAJBUTIKARAN DIV. OMERGA AND ORS
- Disposal
- Admitted/Allowed/Granted/Rule Absolute
Holding
The court held that the claimants may withdraw 75% of the deposited award amount upon furnishing a usual undertaking, with interest, and the remaining balance must be kept in a fixed deposit.
Summary
The acquiring body appealed a 2014 judgment awarding compensation for the Kumbari‑Korewadi Storage tank land acquisition and deposited the full award amount with costs and interest. The original claimants, through their legal representatives, applied to the High Court for permission to withdraw the deposited sum. The court noted a prior order in a similar case where claimants were allowed to withdraw 75% of the deposited amount upon giving a usual undertaking. Relying on that precedent, the court permitted the present claimants to withdraw 75% of the amount, with accrued interest, while the balance must remain in a fixed deposit. The application was therefore partly allowed and disposed of.
Issues considered
- Whether the claimants are entitled to withdraw a portion of the award amount deposited by the acquiring body pending the appeal, and if so, what proportion may be withdrawn.
Subjects
- land acquisition
- withdrawal of deposited award
- stay of execution
- civil application
- interest
- fixed deposit
- precedent
Judgment
2026:BHC-AUG:39758
15--sr915.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
915 CIVIL APPLICATION NO. 12665 OF 2025
IN FA/2248/2018
Yadav Pandurang Tambe
VERSUS
The Executive Engineer,
Irrigation Project Majbutikaran Div. Omerga And Ors
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Mr.R.V.Naiknaware, Advocate for applicants – claimants
Mr.G.B.Rajale, Advocate for respondent – acquiring body
Mr.K.B.Jadhavar, AGP for State
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CORAM : AJIT B. KADETHANKAR, J.
DATE : AUGUST 29, 2026
ORDER :-
Feeling aggrieved by the judgment and order dated
27.08.2014 passed by 2nd Joint Civil Judge Senior Division, Osmanabad
in L.A.R.No.599 of 2012 the acquiring body has preferred the First
Appeal No.2248 of 2018. The project for acquisition is identified as
“Kumbari-Korewadi Storage tank”. While securing stay to the
execution and operation of the impugned judgment and award, the
acquiring body has deposited entire payable award amount together
with cost and interest.
2. Now, this application is moved by the legal representatives
of the original claimant for the first time seeking permission to
withdraw the amount deposited by the acquiring body in this court.
3. Learned advocate for the applicants submits that the legal
representatives of the original claimant are already brought on record
in the First Appeal. He submits that in the identical matters arising out
2 15--sr915
of the same land acquisition project this court has permitted the
claimants therein to withdraw 75% of the deposited amount by
furnishing usual undertaking. On the same lines, withdrawal is
sought by the present applicants.
4. Learned advocate for the acquiring body would not
contradict such statement and would accept that the order dated
13.09.2022 passed by this Court in Civil Application No.1984
of 2022 in First Appeal No.2251 of 2018 [Devidas Ambadas
Naikwadi (died) through L.Rs. Kusum and others Vs. State of
Maharashtra and ors.] can be relied upon.
5. In view of the above, present Civil Application is partly
allowed by permitting the applicants to withdraw 75% of the amount
deposited by the acquiring body, on furnishing a usual undertaking
to the satisfaction of learned Registrar (Judicial) of this court.
Needless to observe, withdrawal shall carry the interest accrued
thereon. Balance amount be kept in Fixed Deposit. The Civil
Application stands disposed of accordingly.
[AJIT B. KADETHANKAR, J.]
………..
KBP
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