Bombay High Court
BHIKA DANGAL PATILversusTAPI IRRIGATION DEVELOPMENT CORPORATION, JALGAON THROUGH THE EXECUTIVE ENGINEER
- Disposal
- Admitted/Allowed/Granted/Rule Absolute
Holding
The court held that a legal heir may withdraw fifty percent of the deposited compensation amount with interest, upon furnishing an undertaking to the Registrar.
Summary
The applicant, Bhika Dangal Patil, filed a civil application seeking withdrawal of the compensation amount deposited by the acquiring body. The applicant relied on a prior order of the same court dated 18 July 2026, which was not contested. The father of the applicant, who was the original claimant, died during the pendency of the proceedings, and his legal heirs were added as respondents, stating no objection to the withdrawal. The court, after considering the heirs' affidavit and the applicant's submissions, allowed the application, permitting the applicant to withdraw fifty percent of the deposited compensation along with accrued interest, subject to an undertaking to the Registrar. The application was thereafter disposed.
Issues considered
- Whether the legal heirs of a deceased original claimant are entitled to withdraw the compensation amount deposited by the acquiring body, and if so, what portion may be released.
Subjects
- compensation
- withdrawal
- legal heir
- death of claimant
- interest
- civil application
- high court
Judgment
2026:BHC-AUG:38386
1 921...odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CIVIL APPLICATION NO. 6698 OF 2026
IN FAST/12703/2025
BHIKA DANGAL PATIL
VERSUS
TAPI IRRIGATION DEVELOPMENT CORPORATION, JALGAON
THROUGH THE EXECUTIVE ENGINEER
...
Advocate for Applicant : Mr. Patil Vijay Bhalerao
AGP for Respondent/s – State : Ms. Dr. Kalpalata Patil Bharaswadkar
Advocate for Respondent No. 1 : Mr. Shivraj B. Kadu
Advocate for Respondent No. 4c : Mr. R.M. Patil h/f. Mr. CV. Borse
...
CORAM : MANJUSHA DESHPANDE, J.
DATE : 20th AUGUST, 2026
PER COURT :
1. This Application has been filed for withdrawal of amount
deposited by the acquiring body.
2. Learned Advocate for the Applicant relies on the order
passed by this Court on 18.07.2026, in respect of the Applicants who are
the Claimants under the same award. This position is not disputed by
other of the Advocates representing the respective parties.
3. Therefore, I do not see any reason to refuse the same benefit
to the Applicant. However in the present case, difference is that the father
of the Applicant who was the Claimant in the original proceeding has
expired during the pendency of proceeding. Therefore, the legal heirs of
2 921...odt
Dangal Mansing Patil, who was the father of the present Applicant added
as a party Respondent to the present Civil Application. They have filed
the reply affidavit wherein they have categorically stated that they do not
have any objection for the amount to be disbursed in favour of the
Applicant in First Appeal Stamp no. 12703/2025.
4. Upon going through the averments made in the reply
affidavit filed by the legal heirs of Dangal Mansing Patil and also the
submissions made by the learned Advocate for the Applicant, the Civil
Application is allowed.
5. The Applicant is permitted to withdraw 50% of the
compensation amount as deposited by the acquiring body along with the
accrued interest on furnishing undertaking to the satisfaction of the
Registrar (Judicial), of this Court.
6. In the aforementioned directions, the Civil Application
stands disposed of.
( MANJUSHA DESHPANDE, J. )
SPC
Checking your session…