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
- Bench
- S G CHAPALGAONKAR
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- What portion of a fully deposited compensation award may be withdrawn by the acquiring body under the court's discretion?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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