Bombay High Court
RAMDAS DIGAMBAR KHIRSAGAR AND ANR.versusTHE EXECUTIVE ENGINEER, IRRIGATION PROJECT MAJBUTIKARAN DIVISION, OMERGA AND ORS.
- Disposal
- Admitted/Allowed/Granted/Rule Absolute
Holding
The court permitted the claimants to withdraw 75% of the deposited amount on furnishing a usual undertaking, with interest, keeping the balance in fixed deposit.
Summary
The acquiring body, after losing a land‑acquisition award, appealed the judgment and deposited the entire award amount, including costs and interest, with the court. The original claimants subsequently filed a civil application seeking permission to withdraw 75% of the deposited sum, relying on a prior order in a similar case. The respondents (acquiring body) did not contest the reliance on the earlier decision and agreed that it could be followed. The court, noting the earlier precedent, allowed the claimants to withdraw three‑quarters of the amount upon furnishing a usual undertaking, with accrued interest payable, while the balance was to remain in a fixed deposit. The application was therefore partly allowed and disposed of accordingly.
Issues considered
- Whether the claimants are entitled to withdraw a portion of the amount deposited by the acquiring body pending appeal of the award
- Whether such withdrawal can be conditioned on an undertaking and the payment of accrued interest
Subjects
- land acquisition
- withdrawal of deposited award
- civil application
- stay of execution
- interest
- fixed deposit
- precedent
Judgment
2026:BHC-AUG:39760
CA.5104.2026.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
915 CIVIL APPLICATION NO. 5104 OF 2026
IN FA/2255/2018
Ramdas Digambar Kshirsagar and anr.
VERSUS
The Executive Engineer,
Irrigation Project Majbutikaran Div. Omerga And Ors
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Mr.R.V.Naiknaware, Advocate for applicants – claimants
Mr.G.B.Rajale, Advocate for respondent – acquiring body
Mr.K.B.Jadhavar, AGP for State
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CORAM : AJIT B. KADETHANKAR, J.
DATE : AUGUST 29, 2026
ORDER :-
Feeling aggrieved by the judgment and order dated
27.08.2014 passed by 2nd Joint Civil Judge Senior Division, Osmanabad
in L.A.R.No.602 of 2012 the acquiring body has preferred the First
Appeal No.2255 of 2018. The project for acquisition is identified as
“Kumbari-Korewadi Storage tank”. While securing stay to the
execution and operation of the impugned judgment and award, the
acquiring body has deposited entire payable award amount together
with cost and interest.
2. Now, this application is moved by the original claimants for
the first time seeking permission to withdraw the amount deposited by
the acquiring body in this court.
3. Learned advocate for the applicants submits that in the
identical matters arising out of the same land acquisition project this
court has permitted the claimants therein to withdraw 75% of the
2 CA.5104.2026
deposited amount by furnishing usual undertaking. On the same
lines, withdrawal is sought by the present applicants.
4. Learned advocate for the acquiring body would not
contradict such statement and would accept that the order dated
13.09.2022 passed by this Court in Civil Application No.1984
of 2022 in First Appeal No.2251 of 2018 [Devidas Ambadas
Naikwadi (died) through L.Rs. Kusum and others Vs. State of
Maharashtra and ors.] can be relied upon.
5. In view of the above, present Civil Application is partly
allowed by permitting the applicants to withdraw 75% of the amount
deposited by the acquiring body, on furnishing a usual undertaking
to the satisfaction of learned Registrar (Judicial) of this court.
Needless to observe, withdrawal shall carry the interest accrued
thereon. Balance amount be kept in Fixed Deposit. The Civil
Application stands disposed of accordingly.
[AJIT B. KADETHANKAR, J.]
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KBP
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