Bombay High Court
Ranganath Govind Ghogre Died through LRs Gorakh Ranganath Ghogare died through LRsversusThe Executive Engineer
- Disposal
- Admitted/Allowed/Granted/Rule Absolute
- Bench
- S G CHAPALGAONKAR
Holding
The applicants are permitted to withdraw 75% of the deposited compensation—50% on furnishing an undertaking and 25% on furnishing a satisfactory surety/security.
Summary
The applicants, members of the Ghogare family, filed multiple civil applications seeking permission to withdraw the compensation amount deposited by the acquiring body following an award by the Reference Court and a stay order issued by this Court. The High Court examined the submissions and the reasons underlying the impugned judgment and award. It held that the applicants could be allowed to withdraw a total of 75% of the deposited compensation, subject to conditions. Specifically, 50% could be withdrawn upon furnishing a standard undertaking to the Registrar (Judicial), and an additional 25% could be withdrawn upon providing a solvent surety or security satisfactory to the Registrar. The Court ordered the applications to be allowed and subsequently disposed of.
Issues considered
- Whether the applicants are entitled to withdraw the compensation amount deposited by the acquiring body.
- Whether the withdrawal can be conditioned upon an undertaking and provision of surety/security.
Subjects
- withdrawal of compensation
- civil application
- stay order
- surety
- interest
- High Court of Bombay
Judgment
2026:BHC-AUG:24793
(1) 959-ca-6447-2026-withdrawal.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CIVIL APPLICATION NO. 6447 OF 2026
IN FAST/25798/2024
RANGANATH GOVIND GHOGRE DIED THROUGH LRS
GORAKH RANGANATH GHOGARE DIED THROUGH LRS
VERSUS
THE EXECUTIVE ENGINEER
…
AND
CIVIL APPLICATION NO. 6448 OF 2026
IN FAST/25788/2024
NAGNATH GORAKH GHOGARE
VERSUS
THE EXECUTIVE ENGINEER
…
AND
CIVIL APPLICATION NO. 6449 OF 2026
IN FAST/25794/2024
KISAN GORAKH GHOGARE
VERSUS
THE EXECUTIVE ENGINEER SINA KOLEGAON PROJECT
PARANDA OSMANABAD AND ORS.
…
AND
CIVIL APPLICATION NO. 6450 OF 2026
IN FAST/25791/2024
KISAN GORAKH GHOGARE
VERSUS
THE EXECUTIVE ENGINEER
...
Mr. V. S. Undre, Advocate for Applicants.
Mr. S. G. Sangle, AGP for Respondents-State.
Mr. Sudhirkumar G Bhalerao, Advocate for Respondent No.1.
...
CORAM : S. G. CHAPALGAONKAR, J.
DATED : 25th JUNE, 2026.
P.C.:-
1. Heard learned Advocates appearing for respective parties.
(2) 959-ca-6447-2026-withdrawal.odt
2. By these applications, applicants seek permission to
withdraw amount deposited by respondent Acquiring Body in
pursuance to award passed by Reference Court as well as
directions given by this Court while issuing notice on stay
application.
3. Considering submissions advanced and reasons as stated in
impugned judgment and award passed by Reference Court, this
Court finds that applicants can be permitted to withdraw 75%
amount deposited by Acquiring Body on certain conditions. Hence
following order is passed:
ORDER
(i) The Civil Applications are hereby allowed.
(ii) The applicants are permitted to withdraw 50% of the amount
of compensation with accrued interest thereon on furnishing usual
undertaking with Registrar (Judicial) of this Court.
(iii) They are further permitted to withdraw 25% of amount of
compensation on furnishing solvent surety/security to satisfaction
of Registrar (Judicial) of this Court.
(iv) The Civil Applications are accordingly disposed of.
(S. G. CHAPALGAONKAR)
JUDGE
Devendra/June-2026
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