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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


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