Bombay High Court

MOHAN KHANDAPPA BIRAJDARversusTHE EXECUTIVE ENGINEER MINOR IRRIGATION DIVSION SCHINCHAN BHAVAN ANANDNAGAR OSMANABAD

Disposal: Admitted/Allowed/Granted/Rule Absolute
Bench: SHAILESH P BRAHME

Holding

The Court allowed a partial withdrawal of the deposited compensation, permitting 50% on an undertaking with interest and a further 25% on a surety with interest, while directing the balance to be invested.

Summary

Mohan Khandappa Birajdar filed civil applications seeking withdrawal of compensation amounts deposited by the Executive Engineer, Minor Irrigation Division, totaling Rs 25,77,617, Rs 49,97,836, Rs 25,08,424 and Rs 55,33,418. The applicants relied on an earlier order dated 03‑11‑2025 which permitted them to receive 75% of the deposited sums subject to conditions. The respondents opposed, arguing that the enhancement was excessive, the award of interest was illegal and the compensation arbitrary. The Court examined the earlier precedent and the parties' submissions. It held that only a portion of the amounts could be released: 50% on furnishing an undertaking with interest, and a further 25% on furnishing a solvent surety or security with interest, while the balance must be invested in a nationalised bank. The order thus partially granted the applications and imposed conditions for the remaining disbursement.

Issues considered

What portion of the deposited compensation amounts, if any, may be withdrawn by the applicants?
Whether the award of interest on the withdrawn amounts is permissible under law?
Whether the conditions imposed by the Court for partial release are within its jurisdiction.

Subjects

withdrawal of compensation
civil application
interest
surety
partial relief
High Court of Bombay

Judgment

2026:BHC-AUG:10405
45 CA 2687 26.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD

45 CIVIL APPLICATION NO. 2687 OF 2026
IN FA/849/2026
WITH
CIVIL APPLICATION NO. 2689 OF 2026
IN FA/851/2026
WITH
CIVIL APPLICATION NO. 2688 OF 2026
IN FA/850/2026
WITH
CIVIL APPLICATION NO. 2686 OF 2026
IN FA/848/2026

MOHAN KHANDAPPA BIRAJDAR
VERSUS
THE EXECUTIVE ENGINEER MINOR IRRIGATION DIVSION
SCHINCHAN BHAVAN ANANDNAGAR OSMANABAD
...
Advocate for Applicant : Mr. Shahaji C. Nadare h/f Mr. Naiknavare
Ramesh Vitthal
Advocate for Respondent No. 1 : Mr. Ram B. Deshpande
A.G.P. for Respondent nos. 2 and 3 : Mr. S.N. Morampalle
...
CORAM : SHAILESH P. BRAHME, J.

DATE : 09.03.2026

PER COURT :

CIVIL APPLICATIONS FOR WITHDRAWAL OF AMOUNT :

1. Heard both sides. The applicants seek to withdraw amount of
compensation deposited by the respondent-Acquiring Body to the tune of Rs.
25,77,617/-, Rs. 49,97,836/-, Rs. 25,08,424/-, Rs. 55,33,418/-, in respective
appeals. The disbursement is sought on the basis of common order passed
by this Court on 03.11.2025, permitting the applicants to receive 75% of the
deposited amount on certain conditions.

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45 CA 2687 26.odt

2. The Civil Applications are contested by the respondents. It is
submitted that the enhancement is exorbitant, awarding of interest is illegal
and compensation has been awarded arbitrarily.

3. In similarly circumstanced appeal this Court permitted the claimants
to receive 75% of the amount on certain conditions. I propose to withhold
25% of the amount which would serve the interest of the respondent-
Acquiring Body for the time being. I, therefore, pass following order.

ORDER

Civil Applications are allowed partly permitting the applicants to
receive 50% of the deposited amount with accrued interest on furnishing
undertaking and further 25% of the deposited amount with interest on
furnishing solvent surety/security to the satisfaction of the Registrar
(Judicial) of this Court. Balance amount shall be invested in any
nationalized bank.

( SHAILESH P. BRAHME, J.)

mkd/-

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