Bombay High Court

Kondiba Mohan ShelarversusThe Executive Engineer Minor Irrigation Division No 1

Disposal: Admitted/Allowed/Granted/Rule Absolute

Holding

The Court allowed the applicant to withdraw 100% of the compensation amount with accrued interest, subject to furnishing an undertaking to the Registrar.

Summary

The applicant, Kondiba Mohan Shelar, filed a civil application seeking withdrawal of the full compensation amount, with accrued interest, that had been deposited by the Acquiring Body following a stay order on the impugned judgment. The applicant relied on a prior order in Civil Application No. 5331/2024, where the Court had allowed a similar claimant to withdraw 100% of the amount. The Acquiring Body opposed the request. The Court examined the earlier order, found it undisputed, and held that the same relief should be granted in the present case, subject to the applicant furnishing a standard undertaking to the Registrar. Consequently, the application was allowed, permitting withdrawal of the entire amount with interest, and the interim stay on the deposited amount was confirmed. The civil application was thereafter disposed.

Issues considered

What relief, if any, is the applicant entitled to regarding the withdrawal of the compensation amount and accrued interest deposited by the Acquiring Body?

Subjects

compensation withdrawal
civil application
stay order
interest
precedent
Acquiring Body
minor irrigation division

Judgment

2026:BHC-AUG:42450
924 CA 7148 OF 2026.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD

924 CIVIL APPLICATION NO. 7148 OF 2026
IN FA/2592/2025
WITH
CIVIL APPLICATION NO. 12622 OF 2024
IN FA/2592/2025

KONDIBA MOHAN SHELAR
VERSUS
THE EXECUTIVE ENGINEER MINOR IRRIGATION DIVISION NO 1
...
Advocate for Applicant : Mr. Pahune Nandkishor Jayaram
Advocate for Respondent no. 1 : Adv. Geeta L. Deshpande
...
CORAM : SMT. MANJUSHA AJAY
DESHPANDE, J.
DATE : 11.09.2026

PER COURT :

CIVIL APPLICATION FOR WITHDRAWAL OF AMOUNT:

1. The applicant is claiming for withdrawal of amount of compensation
deposited by the Acquiring Body in the appeal. On the basis of the order
granting stay to the impugned judgment and award passed by the Reference
Court, the amount has been deposited by the Acquiring Body on 21.06.2026.
The learned advocate for the applicant relying on the order passed by this
Court in Civil Application No. 5331/2024, copy of which is placed on record,
submits that in the identical first appeal filed by the Acquiring Body, arising
out of the same project, same notification, this Court vide order dated
17.10.2024 allowed the claimants to withdraw 100% of the amount along
with accrued interest. Therefore, in the present application, the applicant
deserves to be allowed to withdraw 100% of the amount.

2. The learned advocate for the Acquiring Body opposes the request.

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924 CA 7148 OF 2026.odt

3. After going through the order placed on record at page 33 in Civil
Application No. 5331/2024, which is also not disputed by the learned
Advocate appearing for the Acquiring Body, in my opinion, it would be
appropriate to permit the applicant/claimant to withdraw 100% of the
amount of compensation along with accrued interest deposited by the
Acquiring Body before this Court, subject to furnishing the usual
undertaking to the satisfaction of the Registrar (Judicial) of this Court.

4. Civil Application is allowed permitting the applicant to withdraw
100% of the compensation amount along with accrued interest deposited by
the Acquiring Body on condition that the applicant shall furnish an
undertaking to the satisfaction of the Registrar (Judicial) of this Court.

5. Civil Application for withdrawal stands disposed of.

CIVIL APPLICATIONS FOR STAY :

7. Since the entire amount of compensation has been deposited by the
Acquiring Body, ad interim stay granted earlier, shall stand confirmed.

8. Civil Application is disposed of.

( SMT. MANJUSHA AJAY DESHPANDE, J.)

mkd/-

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