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Bombay High Court

DATTU TATYA RANDIL DIED THR LRS SANTRAM DATTU RANDILversusThe State of Maharashtra Through the Collector Osmanabad

Disposal
Admitted/Allowed/Granted/Rule Absolute

Holding

The court held that the applicants may withdraw 75% of the deposited compensation amount, subject to furnishing the usual undertaking.

Summary

The applicants sought permission to withdraw a portion of the compensation amount that the acquiring body had fully deposited following an award of a reference court in a land acquisition matter (Seena Kolegaon Project). The acquiring body had already deposited the entire awarded sum as ordered in Civil Application 11468/2024, and the court noted that in related sister appeals where only 75% of the award had been deposited, the court allowed withdrawal of the whole amount with interest upon an undertaking. Applying that precedent, the court held that, given the full deposit, the applicants could be allowed to withdraw 75% of the amount, provided they furnish the usual undertaking to the satisfaction of the registrar. The application for withdrawal was therefore allowed, and the matter was disposed of.

Issues considered

  • What portion of a fully deposited compensation award may be withdrawn by the acquiring body under the court's discretion?
  • Is the furnishing of an undertaking a condition precedent to permitting such withdrawal?

Subjects

  • withdrawal of deposited amount
  • land acquisition
  • reference court award
  • undertaking
  • civil procedure

Judgment

2026:BHC-AUG:25893
                                                                        933 CA 6259 26.odt

                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     BENCH AT AURANGABAD

                               933 CIVIL APPLICATION NO. 6259 OF 2026
                                         IN FAST/26718/2024
                                                WITH
                                CIVIL APPLICATION NO. 11469 OF 2024
                                         IN FAST/26718/2024

                  DATTU TATYA RANDIL DIED THR LRS SANTRAM DATTU RANDIL
                                            VERSUS
                   THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR
                                         OSMANABAD
                                               ...
                           Advocate for Claimant : Mr. More Abhijit S
                      AGP for Respondent nos. 1 & 2 : Mr. Mr. K.S. Hake-Patil
                    Advocate for Respondent No. 3/Appellant : Mr. G.B. Rajale
                                               ...
                                CORAM               : S. G. CHAPALGAONKAR, J.

                                    DATE                : 02.07.2026


             PER COURT :

                      ON WITHDRAWAL OF AMOUNT APPLICATION :

             1.      By this application,   the applicants seek to withdraw the amount
             deposited by the respondent-Acquiring Body in pursuance of the award
             passed by the Reference Court. The Acquiring Body has deposited entire
             amount of compensation as per order of this Court passed in Civil
             Application 11468/2024. It has brought to the notice of this Court that the
             present acquisition pertains to Seena Kolegaon Project in file No.
             2009/LNQ/CR/24. The sister appeals arising out of the same acquisition
             proceeding are pending before this Court, in which the Acquiring Body has
             deposited 75% of the awarded amount and this Court has permitted
             withdrawal of the entire amount along with accrued interest, subject to
             furnishing usual undertaking.

             2.      In the light of above, this Court find that in present case, since the
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                                                               933 CA 6259 26.odt
Acquiring Body has deposited 100% of the amount, the applicant can be
permitted to withdraw 75% of the deposited amount subject to furnishing
usual undertaking, to the satisfaction of the Registrar (Judicial) of this
Court.

3.       In the result, the application is allowed in aforesaid terms.

                           ON APPLICATION FOR STAY

4.       Learned counsel for the applicant points out that the entire awarded
amount has been deposited by the Acquiring Body with the Registry of this
Court, in the result, the application stands allowed in terms of prayer clause
‘B’ and disposed of.



                                          ( S. G. CHAPALGAONKAR, J.)




mkd/-




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