Bombay High Court

KALPANA VITTHAL DHERE DIED THR LRS SANGRAM VITTHAL DHEREversusTHE EXECUTIVE ENGINEER KUKADI VITARAN VIBHAG KOLAWADI

Disposal: Admitted/Allowed/Granted/Rule Absolute
Bench: S G CHAPALGAONKAR

Holding

The Court held that there is no impediment to permitting the petitioners to withdraw the 13% amount deposited by the Acquiring Body.

Summary

The petitioners filed several civil applications seeking permission to withdraw the amount deposited by the Acquiring Body under a court‑ordered stay of the award. The High Court had earlier stayed the award on the condition that the Acquiring Body deposit 50% of the assessed compensation, but only 13% had been deposited. The petitioners argued that there was no impediment to withdrawing the deposited amount. The Court examined whether the stay condition barred withdrawal of the partial deposit. Finding no legal obstacle, the Court allowed the withdrawal of the 13% amount without imposing further conditions. Consequently, all the civil applications were allowed.

Issues considered

Whether the petitioners may withdraw the amount deposited by the Acquiring Body despite the interim stay of the award and the condition to deposit 50% of compensation.

Subjects

stay of award
withdrawal of deposit
compensation
acquiring body
civil application
high court

Judgment

2026:BHC-AUG:32451
                                      (1)              965-ca-8244-2026.odt



                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                BENCH AT AURANGABAD
                           CIVIL APPLICATION NO. 8244 OF 2026
                                    IN FAST/6019/2024

                                 VITTHAL GOVIND DHERE
                                        VERSUS
                     THE EXECUTIVE ENGINEER KUKADI VITARAN VIBHAG
                                       KOLAWADI
                                           ...
                                         WITH
                           CIVIL APPLICATION NO. 8247 OF 2026
                                    IN FAST/6016/2024

                            TUKARAM GOVIND DHERE AND ANR.
                                        VERSUS
                     THE EXECUTIVE ENGINEER KUKADI VITARAN VIBHAG
                                   KOLAWADI AND ORS.
                                           …
                                         WITH
                           CIVIL APPLICATION NO. 8248 OF 2026
                                    IN FAST/6013/2024

                      KALPANA VITTHAL DHERE DIED THR LRS SANGRAM
                                     VITTHAL DHERE
                                         VERSUS
                     THE EXECUTIVE ENGINEER KUKADI VITARAN VIBHAG
                                       KOLAWADI
                                           …
                                          WITH
                           CIVIL APPLICATION NO. 8251 OF 2026
                                    IN FAST/5843/2024

                      TUKARAM TATYA RAUT DECEASED AND SAKHARBAI
                     TUKARAM RAUT DECEASED AND LRS BAPU TUKARAM
                                      RAUT AND ORS
                                         VERSUS
                     THE EXECUTIVE ENGINEER KUKADI PRAKALP VIBHAG
                                       SHRIGONDA
                                            …
                                          WITH
                            CIVIL APPLICATION NO. 8274 OF 2026
                                     IN FAST/5839/2024
                 PRABHAVATI SHANKAR BHAPKAR DECEASED THROUGH
                         LRS JAYWANT SHANKAR BHAPKAR
                                    VERSUS
                            (2)                         965-ca-8244-2026.odt



     THE EXECUTIVE ENGINEER KUKADI PRAKALP VIBHAG
                      SHRIGONDA
                           …
                         WITH
       CIVIL APPLICATION (STAMP) NO.22103 OF 2026
                    IN FAST/5850/2024
                   SITABAI DNYANEDEO RAUT
                             VERSUS
  THE EXECUTIVE ENGINEER KUKADI PRAKALP VIBHAG
                           SHRIGONDA
                                 …
Mr. Madhav K. Jadhav h/f Mr. Abhijit S. More AND Mr. S. D.
Bhagwat, Advocates for Applicant in respective Civil Applications.
Mr. R. K. Ingole, AGP for Respondents-State.
Mr. A. S. Shelke, Advocate for Respondent No.1.
                                 …
                         CORAM : S. G. CHAPALGAONKAR, J.
                         DATED : 31st JULY, 2026.
P.C.:-

1.     Heard learned Advocates appearing for respective parties.


2.     By   these   applications,   applicants   seek    permission            to

withdraw amount deposited by Acquiring Body in pursuance to

direction given by this Court while granting stay to Award.


3.     The learned Advocate appearing for applicants submits that

this Court granted ad-interim stay to Award subject to condition

that Acquiring Body deposits 50% of compensation amount as

assessed by Reference Court.         However, Acquiring Body has

deposited only 13% of total compensation amount.


4.     Even taking into account grounds of Appeal, this Court finds

that there is no impediment in permitting applicants to withdraw
                             (3)                    965-ca-8244-2026.odt



13% amount, which has been deposited by Acquiring Body without

imposing any condition.


5.       Hence, Civil Applications stand allowed.


                                       (S. G. CHAPALGAONKAR)
                                                JUDGE
Devendra/July-2026

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