Bombay High Court
ASHOK GABA PATIL AND ORSversusTHE SPECIAL LAND ACQUISITION OFFICER (1) JALGAON AND ORS.
- Disposal
- Admitted/Allowed/Granted/Rule Absolute
Holding
The court allowed the claimants to withdraw Rs.45 lakhs from the deposited amount, subject to a standard undertaking, and ordered the balance to be kept in a fixed deposit.
Summary
The claimants, Ashok Gaba Patil and others, filed a civil application seeking permission to withdraw a portion of the sum deposited by the Special Land Acquisition Officer in the court. They relied on earlier orders in related applications where the court had allowed withdrawal of 60% and 75% of deposited amounts in similar land acquisition matters. The acquiring body contended that it had already deposited Rs.19,28,848 (22%) which was withdrawn, and subsequently deposited Rs.68,38,644. The court considered the purpose of the application and the interest of justice, and decided that allowing a withdrawal of Rs.45 lakhs would be appropriate. Accordingly, the applicants were permitted to withdraw Rs.45 lakhs in lump sum, subject to furnishing a standard undertaking, with the balance to be kept in a fixed deposit without interest. The application was therefore allowed partially.
Issues considered
- What extent of the amount deposited by the acquiring body may be withdrawn by the claimants under the court's discretion?
Subjects
- land acquisition
- deposit withdrawal
- civil application
- court order
- partial relief
- fixed deposit
- interest
Judgment
12-sr915.CA.4960.2026
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
915 CIVIL APPLICATION NO. 4960 OF 2026
IN FA/3881/2022
Ashok Gaba Patil And Ors
VERSUS
The Special Land Acquisition Officer (1) Jalgaon And Ors.
----
Mr.A.B.Kale, Advocate for applicants
Mr.A.V.Lavate, AGP for respondent no.1
Mr.A.D.Pawar, Advocate for respondent no.2
----
WITH
CIVIL APPLICATION NO.3658 OF 2022
IN
FIRST APPEAL [ST] NO.28961 OF 2021
….
CORAM : AJIT B. KADETHANKAR, J.
DATE : SEPTEMBER 09, 2026
ORDER :-
This Civil Application is filed by the claimants seeking
permission to withdraw the amount deposited by the acquiring body in
this court.
2. Learned advocate for the applicants/claimants is relying on
the order dated 09.07.2026 passed by this court in Civil Application
No.4961 of 2026 in First Appeal No. 3617 of 2022. It is submitted that
the said appeal is also in respect of the present claimants’ another land
2 12-sr915.CA.4960
which was part of the same land acquisition award which is the
subject matter of the present First Appeal. The order depicts that in
that matter this court allowed withdrawal of 60% of the amount
deposited by the acquiring body in this court. Reference to another
matter is also found in the said order at paragraph 4 (Civil
Application No.4393 of 2026 decided on 01.07.2026) wherein
withdrawal to the extent of 75% was permitted.
3. Learned advocate for the acquiring body would submit
that the acquiring body has earlier deposited Rs.19,28,848/- (22%) in
the reference court. It is submitted that the said amount was
withdrawn by the claimants. Thereafter, the acquiring body has
deposited Rs.68,38,644/- in this court.
4. In my view the, purpose of filing this application and
interest of justice could be served by permitting the
applicants/claimants to withdraw an amount of Rs.45 Lakhs out of
the amount deposited by the acquiring body in this court.
5. The applicants are permitted to withdraw Rs.45 Lakhs
subject to furnishing usual undertaking to the satisfaction of learned
Registrar (Judicial) of this court. It is clarified that the the permitted
amount is in lump-sum and will not carry any interest. The balance
3 12-sr915.CA.4960
amount be deposited in Fixed Deposit in a nationalised bank. Civil
Application stands allowed partly.
in C.A. No.3658 of 2022 [for grant of stay]
6. Call Record and Proceedings. Stand over to 21.10.2026.
[AJIT B. KADETHANKAR, J.]
………..
KBP
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