Bombay High Court
AMBARCHAND DAGADULAL SHARMA (DIED THROUGH LRS) KANCHANBAI AND OTHERSversusTHE STATE OF MAHARASHTRA AND OTHERS
- Disposal
- Admitted/Allowed/Granted/Rule Absolute
- Bench
- RAJNISH R VYAS
Holding
Since the land was acquired and the claimants were deprived of the property, they are entitled to withdraw the entire amount deposited by the acquiring body, subject to furnishing a usual undertaking.
Summary
The legal heirs of the original claimants filed a civil application seeking to withdraw the amount deposited by the acquiring body after their land was acquired. The claimants argued that since compensation had been awarded and 75% of it was already deposited, they were entitled to the entire amount. The acquiring body opposed the application. The Court observed that the claimants had been deprived of their property due to the acquisition and therefore were justified in seeking the withdrawal. Consequently, the Court allowed the application, permitting the claimants to withdraw the full deposited amount, subject to a standard undertaking. The order was issued by Justice Rajnish R. Vyas of the Bombay High Court, Aurangabad Bench.
Issues considered
- Whether the legal heirs of the original claimants are entitled to withdraw the entire amount deposited by the acquiring body as compensation for the acquired land
Subjects
- land acquisition
- compensation
- withdrawal of deposited amount
- legal heirs
- civil application
- high court
Judgment
2026:BHC-AUG:13242
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
954 CIVIL APPLICATION NO. 8810 OF 2025
IN FAST/22529/2020
AMBARCHAND DAGADULAL SHARMA (DIED THROUGH LRS) KANCHANBAI
AND OTHERS
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
…
Mr. A. B. Kale, Advocate for Applicants
Mr. R. A. Tambe, Advocate for Respondent No.3
Mr. S. N. Morampalle, AGP for the Respondent/State
CORAM : RAJNISH R. VYAS, J.
DATE : 27th MARCH, 2026
PER COURT :-
1. This is an application of the instance of legal heirs of the original
claimants praying for withdrawal of the amount deposited by the Acquiring
Body with this Court.
2. Learned Advocate for the claimants submits that since the land
was acquired and compensation was paid to that effect, they are entitled to
withdraw the amount. He submits that the Acquiring Body has deposited 75%
of the amount compensation granted which is not disputed by Mr. Tambe,
learned Advocate for the Acquiring Body.
3. Per contra, learned Advocate for the Acquiring Body opposed the
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application.
4. Be that as it may, since the land of the claimants was acquired
and they were deprived of the property, I am inclined to allow the present
application. Accordingly, following order is passed.
ORDER
(i) The Applicants are permitted to withdraw the entire amount
deposited by the Acquiring Body, subject to furnishing of usual
undertaking to the satisfaction of Registrar (Judicial) of this Court.
(RAJNISH R. VYAS)
JUDGE
ssp
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