Bombay High Court

ANIL GANGARAM MARATHEversusTHE STATE OF MAHARASHTRA THROUGH COLLECTOR JALGAON

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

Holding

The court allowed withdrawal of 50% of the deposited compensation on furnishing an undertaking and 25% on furnishing a solvent surety, and permitted applicants 3 and 4 to withdraw in the names appearing on their Aadhaar cards.

Summary

The applicants filed a civil application seeking permission to withdraw the compensation amount deposited by the acquiring body in a land acquisition proceeding. They relied on a prior order in a sister appeal where the court allowed withdrawal of 50% of the amount upon furnishing an undertaking and 25% upon furnishing a solvent surety. Applicants 3 and 4 also contended that their names were incorrectly recorded in the acquisition records and sought to have the withdrawal made in the names appearing on their Aadhaar cards. The respondents did not dispute the earlier order or the name‑correction claim. The court allowed the application, permitting withdrawal of 50% of the deposited amount with interest on an undertaking and 25% on a surety, and authorized applicants 3 and 4 to withdraw in the names as per their Aadhaar cards.

Issues considered

Whether the applicants are entitled to withdraw the deposited compensation amount on the same terms as granted in the earlier sister appeals.
Whether applicants 3 and 4 may have their names corrected to match their Aadhaar cards for the purpose of withdrawing the compensation.

Subjects

land acquisition
compensation withdrawal
undertaking
surety
name correction
Aadhaar

Judgment

2026:BHC-AUG:32454
                                         (1)                      966-ca-8252-2026.odt



                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   BENCH AT AURANGABAD
                           CIVIL APPLICATION NO. 8252 OF 2026
                                       IN FAST/34088/2024
                                  ANIL GANGARAM MARATHE
                                              VERSUS
                  THE STATE OF MAHARASHTRA THROUGH COLLECTOR
                                             JALGAON
                                                 ...
               Mr. Vijay Bhalerao Patil, Advocate for Applicant.
               Ms. P. V. Diggikar, AGP for Respondents-State.
               Mr. B. L. Patil h/f Mr. A. D. Pawar, Advocate for Respondent No.3.
                                                 ...
                                          CORAM : S. G. CHAPALGAONKAR, J.
                                          DATED : 31st JULY, 2026.
               P.C.:-

               1.    Heard learned Advocates appearing for respective parties.

               2.    By this application, applicants seek permission to withdraw

               amount deposited by Acquiring Body.


               3.    Mr. Patil, learned Advocate appearing for applicants submits

               that this Court has permitted withdrawal of amount in sister

               Appeals arising out of Award in respect of same acquisition under

               same Notification to the extent of 50% on furnishing undertaking

               and 25% on furnishing solvent surety/security to satisfaction of

               Registrar (Judicial) of this Court.   He would, therefore, urge to

               follow same course.


               4.    Apart from aforesaid contentions, Mr. Patil submits that so

               far as applicant nos.3 and 4 are concerned, their names are

               recorded differently in land acquisition proceeding, than those

               appears on Aadhaar Cards. He has filed affidavit of individual
                               (2)                   966-ca-8252-2026.odt



applicant nos.3 and 4 contending that their names appearing in

proceeding of Reference were wrongly recorded and their names as

appearing in Aadhar Card are mentioned in this application.


5.       The learned Advocate appearing for respondent Acquiring

Body do not dispute that in Civil Application No.4562/2026 in First

Appeal No.1136/2026, this Court permitted withdrawal of amount

in aforesaid manner in matters arising out of same acquisition and

Notification.        Even contentions raised by applicants regarding

change of names are not controverted on behalf of respondents.


6.       In light of aforesaid factual backdrop, Civil Application is

allowed.


7.       Applicants are permitted to withdraw 50% of compensation

amount as deposited by Acquiring Body alongwith accrued interest

thereon on furnishing undertaking to satisfaction of Registrar

(Judicial) of this Court. The applicants are further permitted to

withdraw 25% of amount as deposited by Acquiring Body on

furnishing solvent surety/security to satisfaction of Registrar

(Judicial) of this Court.

8.       The applicant nos.3 and 4 are permitted to withdraw amount

as per their names appearing on Aadhaar Cards subject to

aforesaid compliance.

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

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