Bombay High Court

THE EX. ENGINEER IRRI. PROJ. STRENG. DIV. OMERGA AND ORSversusSHESHADRI SHANKAR PURI (DIED) HIS L.R.S ARUN (DIED) HIS L.R.S. SHOBHA AND ORS

Disposal: Admitted/Allowed/Granted/Rule Absolute

Holding

The court allowed withdrawal of 75% of the deposited compensation with interest and ordered the remaining 25% to be kept in fixed deposit until the appeal is disposed.

Summary

The acquiring body deposited the full compensation award in the court after a stay was granted on the judgment of the 2nd Joint Civil Judge. The applicants filed a civil application seeking withdrawal of that deposited amount, relying on a prior order in a similar acquisition case. The court, noting the identical nature of the matters, allowed the application in part, permitting withdrawal of 75% of the compensation with accrued interest upon furnishing an undertaking, while directing that the remaining 25% be kept in a fixed deposit in a nationalized bank until the appeal is disposed. The stay previously granted was made absolute, and related applications were disposed of, with the court also condoning delay in filing the appeal. The order also waived notice for respondents and dispensed with the paper book.

Issues considered

What extent of the deposited compensation amount may be withdrawn by the applicants?
Whether the court can impose a condition to retain a portion of the amount in fixed deposit pending appeal.
Effect of the earlier order in Shivaji Babruwan Godase v. State of Maharashtra on the present application.
Whether the delay in filing the appeal can be condoned.

Subjects

stay of execution
withdrawal of deposited award
compensation
fixed deposit
condonation of delay
acquisition proceedings

Judgment

                                                        18-ca.9838.2026.odt


         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    BENCH AT AURANGABAD

               918 CIVIL APPLICATION NO. 9838 OF 2026
                          IN FAST/3269/2023

                     Sheshadri Shankar Puri (Died)
                Through L.Rs. Arun Sheshadri Puri (Died)
                    Through L.Rs. Shobha Arun Puri
                               VERSUS
                        Sheshdri Shankar Puri

                                  ----
Ms.Laxmi Thakur, Advocate h/f. Mr.L.C.Patil, Advocate for applicant –
claimant
Mr.S.N.Kendre, AGP for respondent nos.1 and 2 – State
Ms.Sunita Shelke, Advocate for respondent no.3
                                  ----

                                WITH
                 CIVIL APPLICATION NO. 3321 OF 2023
                          IN FAST/3269/2023

                                WITH
                 CIVIL APPLICATION NO. 3320 OF 2023
                          IN FAST/3269/2023
                                 ----

                         CORAM :      AJIT B. KADETHANKAR, J.
                         DATE  :      AUGUST 29, 2026
ORDER :-

In C.A. No.9838 of 2026 :-

           This application is filed seeking withdrawal of the amount

deposited by the acquiring body in this court.

2.         Feeling aggrieved by the judgment and award dated

01.02.2019 passed by learned 2nd Joint Civil Judge, Senior Division,
                                       2                           18-ca.9838.2026



Osmanabad in L.A.R. No.252 of 2014 the acquiring body has filed the

First Appeal. While seeking stay to the execution of the impugned

judgment and award, this court imposed a condition on the acquiring

body to deposit the entire payable award amount in this court.

Accordingly, the entire award amount is deposited. This Civil

Application is filed for withdrawal of the said amount.

3.           It is submitted that this is the only application filed by the

claimants seeking withdrawal of amount. Reliance is placed on an

order    dated      17.04.2025    passed      by    this   court    in    Civil

Application No.4058 of 2025in F.A. No.1379 of 2024 (Shivaji

Babruwan Godase           Vs.   The   State    of    Maharashtra) with

connected matters. Learned advocate for the applicants submits

that    the cited order arises out of the identical matters from the

same acquisition proceedings. On parity, she seeks same order.

4.           Learned advocate for the acquiring body appearing

through the V.C. fairly agrees with the contention that the cited order

is in respect of the identical matters.

5.           In view of the above, I pass following order:-

             (i)    The application is partly allowed and disposed off.

             (ii)   The applicants are allowed to withdraw 75% of
             compensation amount with accrued interest deposited in
             this Court on furnishing usual undertaking to Registrar
                                     3                        18-ca.9838.2026



            (Judicial) of this Court, which shall be made part of
            appeal record.

            (iii)   Balance 25% of the amount be invested in fixed
            deposit in any Nationalized Bank to be renewed from
            time to time till the disposal of the appeal/s.

Order in C.A. No.3321 of 2023:-

6.          Considering the fact that the acquiring body has

deposited the entire award amount in this court, the stay granted

earlier is made absolute. Civil Application stands disposed of.

Order in C.A. No.3320 of 2023 :-

7.          For the reasons stated in the application, the delay

caused in filing the appeal stands condoned.         The application is

allowed.

In First Appeal (Stamp) No.3269 of 2023 :-

8.          Admit.    Respective learned advocates waive notice for

the respondents.

9.          Call Record and Proceedings.      Paper Book is dispensed

with.


                                  [AJIT B. KADETHANKAR, J.]
                                ………..


KBP

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