Bombay High Court
VISHWANATH EKNATH YAMGARversusTHE EXECUTIVE ENGINEER
- Disposal
- Admitted/Allowed/Granted/Rule Absolute
- Bench
- SHAILESH P BRAHME
Holding
The Court allowed a partial withdrawal of 50% of the deposited amount with interest upon an undertaking and a further 25% upon furnishing a satisfactory surety, directing the remaining 25% to be invested in a nationalized bank.
Summary
The applicants, represented by Mr. Shahaji C. Nadare and Ramesh Vitthal, sought to withdraw portions of compensation amounts deposited by the respondent acquiring body, totaling several crores of rupees, based on a prior order allowing 75% disbursement subject to conditions. The respondents contested, arguing that the enhancement was excessive, interest awards were illegal, and the compensation was arbitrary. The Court examined the earlier order and the parties' submissions, noting the need to balance the applicants' right to receive compensation with the respondents' interest in securing the remaining funds. It modified the earlier directive, permitting the applicants to receive 50% of the deposited amounts with accrued interest upon furnishing an undertaking, and an additional 25% upon providing a satisfactory solvent surety or security. The balance 25% was ordered to be invested in a nationalized bank. The applications were thus allowed partially.
Issues considered
- Whether the applicants are entitled to withdraw the deposited compensation amounts as per the earlier order
- Whether the award of interest on the withdrawn amounts is lawful
- What proportion of the deposited amount can be released and under what conditions
Subjects
- civil application
- withdrawal of compensation
- interest
- surety
- partial disbursement
- high court
Judgment
2026:BHC-AUG:10408
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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