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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a portion of the award amount deposited by the acquiring body pending the appeal, and if so, what proportion may be withdrawn.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

                                                     ----
            Mr.R.V.Naiknaware, Advocate for applicants – claimants
            Mr.G.B.Rajale, Advocate for respondent – acquiring body
            Mr.K.B.Jadhavar, AGP for State
                                                     ----

                                          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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