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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

                                                     ----
            Mr.R.V.Naiknaware, Advocate for applicants – claimants
            Mr.G.B.Rajale, Advocate for respondent – acquiring body
            Mr.K.B.Jadhavar, AGP for State
                                                     ----

                                          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.]
                             ………..
KBP


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