Bombay High Court
Sachin Raosaheb KendreversusThe State of Maharashtra Through the Collector
- Disposal
- Admitted/Allowed/Granted/Rule Absolute
- Bench
- S G CHAPALGAONKAR
Holding
The court held that partial withdrawal of the deposited compensation is permissible subject to conditions, the 311‑day filing delay is condoned, and the stay of the deposited amount is granted.
Summary
The applicant, Sachin Raosaheb Kendre, sought permission to withdraw part of the compensation amount deposited by the acquiring body following a 2023 award by the Reference Court in a land‑acquisition matter. The respondent‑state opposed, alleging excess compensation, particularly for five mango trees. The court allowed a partial withdrawal: 50% on an undertaking and a further 25% on security, with the balance kept in fixed deposit. The applicant also requested condonation of a 311‑day delay in filing an appeal, which the court granted. Finally, a stay application was allowed, confirming that the awarded amount remains deposited with the court registry.
Issues considered
- Whether the applicant may withdraw a portion of the compensation amount deposited pending modification of the award.
- Whether the court should condone a delay of 311 days in filing the appeal.
- Whether a stay should be granted over the deposited award amount.
Subjects
- land acquisition
- compensation withdrawal
- condonation of delay
- stay of proceedings
- fixed deposit
- valuation
- mango trees
Judgment
2026:BHC-AUG:32826
961-ca-8232-2026.odt
(1)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CIVIL APPLICATION NO. 8232 OF 2026
IN FAST/11813/2024
Sachin Raosaheb Kendre
VERSUS
The State Of Maharashtra Through The Collector
...
Advocate for Applicant : Mr. Pramod Mayure C.
AGP for Respondent/State : Mr. D.B. Bhange
Advocate for Respondent No.2 : Ms. Vaishali S. Swami h/f Mr. M.C.
Swami
WITH
CIVIL APPLICATION NO. 5301 OF 2024
IN FAST/11813/2024 WITH
CIVIL APPLICATION NO. 5300 OF 2024
IN FAST/11813/2024
...
CORAM : S. G. CHAPALGAONKAR, J.
DATED : JULY 31, 2026
PER COURT :-
In Withdrawal Application :
1. Heard learned advocates appearing for respective parties.
2. The applicant seeks permission to withdraw amount
deposited by acquiring body in pursuance to award dated 12.01.2023
passed by Reference Court in L.A.R. No.99 of 2014.
3. Mr. Mayure, learned advocate appearing for applicant
submits that Reference Court has considered all relevant factors,
comparative sale instances and report of valuer and accordingly
passed award for compensation. The applicant is waiting for
compensation amount since 2012.
961-ca-8232-2026.odt
(2)
4. Learned advocate appearing for respondent/acquiring
body vehemently opposed application contending that apart, excess
compensation granted towards acquired land, the compensation of
more than Rs.4,00,000/- has been inappropriately granted for 5
Mango trees, hence, award needs modification.
5. Considering nature of controversy involved in appeal, this
Court finds that interest of justice would be subserved, if partial
withdrawal is permitted on certain conditions.
6. Hence, application is partly allowed.
7. The applicant is permitted to withdraw 50% of
compensation amount as deposited by acquiring body on furnishing
usual undertaking to satisfaction of Registrar (Judicial) of this Court.
In addition, applicant is further permitted to withdraw 25% of
compensation amount as deposited by acquiring body on furnishing
security/surety to satisfaction of Registrar (Judicial) of this Court.
8. Balance amount be kept in fixed deposit.
In Delay Application :
1. Heard learned advocates appearing for respective parties.
2. The applicant seeks to condone delay of 311 days caused
in filing appeal.
3. Considering submissions advanced and reasons as stated
in application, application is allowed. Delay of 311 days caused in
filing appeal is condoned.
961-ca-8232-2026.odt
(3)
In Stay Application :
1. Learned advocate appearing for applicant points out that
entire awarded amount has been deposited with registry of this Court.
2. In that view of matter, application stands allowed and
disposed of.
(S.G. CHAPALGAONKAR, J.)
Mujaheed//
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