Bombay High Court
Kisan Gorakh GhogareversusThe Executive Engineer Sina kolegaon Project paranda osmanabad and Ors.
- Disposal
- Admitted/Allowed/Granted/Rule Absolute
- Bench
- S G CHAPALGAONKAR
Holding
The Court held that the petitioners may withdraw up to 75% of the deposited compensation, subject to furnishing an undertaking for 50% and a solvent surety for the remaining 25%.
Summary
The petitioners filed four 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 applications contended that the award and the stay direction allowed them to retrieve the deposited funds. The Court examined the submissions, the award, and the stay order, and concluded that the petitioners could be permitted to withdraw a portion of the deposited amount subject to conditions. Accordingly, the Court ordered that 50% of the compensation, together with accrued interest, may be withdrawn upon furnishing a standard undertaking, and an additional 25% may be withdrawn upon furnishing a solvent surety or security satisfactory to the Registrar (Judicial). The remaining 25% stays with the acquiring body. The applications were allowed and disposed of.
Issues considered
- What extent of the deposited compensation can the petitioners withdraw under the award and stay order?
- Whether conditions such as an undertaking and provision of surety are required for withdrawal?
Subjects
- compensation withdrawal
- civil application
- stay order
- surety
- interest
- acquisition
- reference court award
Judgment
2026:BHC-AUG:24792
(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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