Bombay High Court

KALYANRAO DAMODAR DESHMUKH (DIED) THR LRS LATABAI AND ORS.versusTHE STATE OF MAHARASHTRA THROUGH THE COLLECTOR, JALGAON AND ORS.

Disposal: Admitted/Allowed/Granted/Rule Absolute

Holding

The claimants, being land losers entitled to adequate compensation, may withdraw the 60% award amount deposited by the acquiring body along with accrued interest upon furnishing a suitable undertaking.

Summary

The claimants, who are land owners whose property was compulsorily acquired, filed a civil application seeking permission to withdraw the 60% of the award amount that the acquiring body had deposited in the court along with interest, as directed by an earlier order. The High Court noted that the claimants are entitled to adequate compensation for the acquisition and therefore found it appropriate to allow the withdrawal. The court ordered that the claimants may withdraw the deposited amount upon furnishing a usual undertaking satisfactory to the Registrar (Judicial) and that the withdrawal will include accrued interest. The application was allowed and the civil application was disposed of. The acquiring body’s counsel was granted two weeks to deposit the costs.

Issues considered

Whether the claimants are entitled to withdraw the amount deposited by the acquiring body under the court's direction, together with interest

Subjects

land acquisition
compensation
withdrawal of deposited award
civil application
high court

Judgment

2026:BHC-AUG:42295



                                                    1
                                                                 964 CA 3921 OF 2026

                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     BENCH AT AURANGABAD

                                 964 CIVIL APPLICATION NO. 3921 OF 2026
                                            IN FAST/1917/2022

                        KALYANRAO DAMODAR DESHMUKH (DIED) THR LRS
                                          LATABAI AND ORS.
                                               VERSUS
                            THE STATE OF MAHARASHTRA THROUGH THE
                                   COLLECTOR, JALGAON AND ORS.
                                                   ...
                     Mr. K. M. More, Advocate for Applicants (Through V.C.)
                     Mr. K. B. Jadhavar, AGP for Respondent Nos.1 and 2 – State
                     Mr. R. A. Tambe, Advocate for Respondent No.3
                                                  …

                                           CORAM : AJIT B. KADETHANKAR, J.
                                           DATED : 11th September 2026

                     P.C. :-

                     .         Pursuant to the order passed by this Court, the

                     appellant/acquiring body has deposited 60% of the award

                     amount together with interest in this Court. The present

                     application is filed by the claimants seeking permission to

                     withdraw the said amount.

                     2.        Evidently, this Court has cautiously directed the

                     appellant/acquiring body to deposit only 60% of the award

                     amount. The claimants are the land losers whose land is

                     acquired under compulsory acquisition by the acquiring body.
                               2
                                               964 CA 3921 OF 2026

They are certainly entitled for the adequate compensation. In

view of this, I deem it appropriate to allow the application.

3.    Civil Application stands allowed.

4.    The applicants/claimants are permitted to withdraw the

amount deposited by the acquiring body in this Court by

furnishing usual undertaking to the satisfaction of learned

Registrar (Judicial) of this Court. Needless to mention, the

withdrawal shall carry interest accrued thereon.

5.    Civil Application stands disposed of.

6.    Mr. R. A. Tambe, learned Advocate for the acquiring

body seeks time of two weeks to deposit the costs.

7.    Time of two weeks is granted to deposit the costs.



                                   ( AJIT B. KADETHANKAR, J. )
PRW

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